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HomeMy WebLinkAboutMN-CC-1989-10-04t Regular Meeting PRESENT: Mayor Gutenberger (Wwo'� I Alderpersons (10) OTHERS PRESENT: 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. October 4, 1989 - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Schlather, Romanowski City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Nash Director, Planning & Development - Van Cort Police Chief - McEwen r- Personnel Administrator - Walker Building Commissioner - Datz Fire Chief - Olmstead Acting Superintendent of Public Works - Fabbroni City Chamberlain - Parsons Director, Youth Bureau - Cohen Board of Public Works Commissioner - Reeves Deputy Director, Planning & Development - Mazzarella PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the September 6, 1989 Common Council Meeting The approval of the Minutes of the September 6, 1989 Common Council meeting were postponed until the November 1, 1989 Common Council meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Lytel requested the addition of Item 16.4, Emergency Shelter at Southside - Resolution. No Council member objected. Planning and Development Committee Alderperson Cummings requested the deletion of Item 17.6(a), Industrial Zoning, I -1 - Negative Declaration Resolution. Alderperson Cummings noted that on Item 17.9, Festival Lands Resolution, there are a series of amendments. No Council member objected. Executive Session Alderperson Cummings requested the addition of an Executive Session at the end of the Council meeting to discuss land acquisition. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of a report from the Rental Housing Task Force. No Council member objected. 2 MAYOR'S APPOINTMENTS: Ithaca Housing Authority Mayor Gutenberger requested the approval the re- appointment of Frank Slattery, 960 the Ithaca Housing Authority with a term 1994. October 4, 1989 of Common Council for East State Street to to expire October 17, Resolution By Alderperson Johnson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the re- appointment of Frank Slattery to the Ithaca Housing Authority with a term to expire October 17, 1994. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: GIAC Improvements Diane Sams, addressed the Council regarding Human Services Committee agenda item 1, GIAC Renovations. She stated that the GIAC Board has also drafted a resolution and she urged the Council to take that resolution under consideration as well as the one from the Human Services Committee. Ms. Sams commented that the GIAC Board members will be holding an orientation session on October 19th and she extended an invitation to Council members and the Mayor to attend. Homeless Shelter The following persons spoke to Council regarding the City of Ithaca Homeless Shelter at Southside Community Center: Rev. Daniel Little, 1315 Hanshaw Road Terry Pasco, 121 Prospect Street Donald Woodman, Benjamin Hill Road, Newfield Susan LaBarre, 112 Cascadilla Street Alexandra Misita, 211 Anna Comstock Hall Gregg Spence Wolf, G3190 Pleasant Grove Road Festival Lands Doria Higgins, 2 Hillcrest Drive, appeared before Common Council on behalf of "Citizens to Save Our Parks" and read the following statement to Council: "A key issue involved in your vote tonight on the resolution concerning transfer of the Festival Lands at Cass Park to the Fingerlakes State Parks is whether or not the Festival Lands are now park land. Ralph Nash, City Attorney, has said if they are park land, eight votes would be needed to pass tonight's resolution. He, as you know, has asserted in a memorandum dated March 1, 1988, that the Festival Lands are not park land. However, that memorandum ignored the solid, indisputable facts which uphold the position that the Festival Lands are park land. The concept of "implied dedication of park land" is firmly established in New York State law. This concept means that land which has been commonly used as park land over a period of time earns, by virtue of such usage, the legal designation of park land, and the concomitant protection of such designation. A memorandum on the alienation of parks written by the City of New York Parks and Recreation (a document incidentally which we made available to Mr. Nash before he wrote his memorandum) describes implied dedication thus: "In summary, formal dedication of municipal property to a public use and/or continuous public use with the acquiescence of a municipality renders a park designation irrevocable until such time as the State Legislature authorizes its discontinuance." 3 October 4, 1989 That the Festival Lands have earned the designation of park land is supported by the following. First, most of our community thinks the Festival Lands are part of Cass Park and the community has. used it as a park for years. In fact, the yearly Kite Festival which is held on the Festival Lands is advertised in the local media as being held at Cass Park. Second, the Festival Lands over the past years have been mowed and maintained by City Parks maintenance crews thereby attesting to "the acquiescence of our municipality." About three years ago State Parks, when they started building their new sixth pier at the marina, took over the task of mowing and other maintenance. ** Third, the April 6, 1983 Common Council resolution which expressed "a willingness in principle to negotiate eventual sale" Fourth, there is even earlier evidence in the original 1967 tripartite agreement between the City, the State of New York and the Center for the Arts at Ithaca that the Festival Lands have become designated park land. The tripartite agreement, among other things, allocated the use and functions of the lands involved and the Festival Lands were intended to house the Center for the Arts and its theater; however, the Center and its theater never eventuated because of lack of funds. The tripartite agreement reads, "the City shall retain and develop for park and recreational purposes that portion of Cass Park and Old Municipal Airport property... not conveyed to the State or leased to the Center." Since the Festival Lands never were leased to the Center it seems clear that they became park land by reason of default of their original intended use. About 6 or 7 years ago part of the Festival Lands was roughed up by a bulldozer and dredge dumping, but the rest continued to be mowed. Since the other conditions of the 1967 agreement still prevail there is no reason why the above quoted condition should not also prevail. I'd like to comment briefly on City Attorney Nash's memorandum of March 1, 1988. That memorandum cites only three court decisions, all three of which were also cited in the New York City Parks memorandum which we had made available to him. However, they were cited by New York City Parks as examples of the legal validity of park land designation to land that has been used by a community as park land over an extended period of time. In other words, the court cases cited in Mr. Nash's own memorandum do not support his assertion that the Festival Lands are not park land. of the Festival Lands, itself acknowledged in the body of the (600" resolution that the Festival Lands has been designated as park adjoining the land. The sixth WHEREAS of that resolution reads, "WHEREAS, 2 these lands have recently been designated for use as playing the fact that the fields for women's athletic teams since relocation of the park land and have theater..." been so for years. Why destroy this beautiful promenade which is Fourth, there is even earlier evidence in the original 1967 tripartite agreement between the City, the State of New York and the Center for the Arts at Ithaca that the Festival Lands have become designated park land. The tripartite agreement, among other things, allocated the use and functions of the lands involved and the Festival Lands were intended to house the Center for the Arts and its theater; however, the Center and its theater never eventuated because of lack of funds. The tripartite agreement reads, "the City shall retain and develop for park and recreational purposes that portion of Cass Park and Old Municipal Airport property... not conveyed to the State or leased to the Center." Since the Festival Lands never were leased to the Center it seems clear that they became park land by reason of default of their original intended use. About 6 or 7 years ago part of the Festival Lands was roughed up by a bulldozer and dredge dumping, but the rest continued to be mowed. Since the other conditions of the 1967 agreement still prevail there is no reason why the above quoted condition should not also prevail. I'd like to comment briefly on City Attorney Nash's memorandum of March 1, 1988. That memorandum cites only three court decisions, all three of which were also cited in the New York City Parks memorandum which we had made available to him. However, they were cited by New York City Parks as examples of the legal validity of park land designation to land that has been used by a community as park land over an extended period of time. In other words, the court cases cited in Mr. Nash's own memorandum do not support his assertion that the Festival Lands are not park land. The facts presented in this statement make it clear that the Festival Lands long ago earned the legal designation of park land and the legal protection which accompanies that designation. And, as Mr. Nash has told us, if the land is park land you will need eight votes to pass the Festival Lands resolution before you All of us who love to walk to the lake shore along that part of (600" the Festival Lands which is a broad, green grassy boulevard adjoining the marina (the only pedestrian access to the lake on the west side of the inlet) are witnesses to the fact that the Festival Lands are daily used and enjoyed as park land and have been so for years. Why destroy this beautiful promenade which is a pleasure for everyone, all year long, just to accommodate 58 boat owners in the summer months? The facts presented in this statement make it clear that the Festival Lands long ago earned the legal designation of park land and the legal protection which accompanies that designation. And, as Mr. Nash has told us, if the land is park land you will need eight votes to pass the Festival Lands resolution before you 4 October 4, 1989 tonight, - that is to pass it legally and properly. In any event, aside from the important legal considerations, we are opposed to the transfer of the land for the purpose of enlarging the marina, because urwe ge o you on those grounds serve also not toevote public good, and g Y for the transfer. It is true that in one of those cases, Pearlman v. Anderson, the court ruled that the land in question was not park land. The New York City Parks memorandum, however, commented, "the result may have been different had there been stronger evidence of continuous public use sufficient to constitute an implied dedication..." Note: All Underlining in this statement added by the Citizens to Save our Parks Group. Octopus Vincent Fuchs, addressed Common Council regarding the issue o the Octopus and urged support of the A -1 alternative. Sciencenter Ilma Levine, 71 Brooktondale Road, read the following statement to Council on behalf of the Sciencenter: "I would like to express appreciation for the expedient manner in which the Northside City Lands Committee has been established and has undertaken the task of determining availability and appropriate uses for city owned Northside property, specifically the old sewage treatment site. We would also like to express appreciation to the DPW for the completion of its study on facility needs as an essential part of that planning process. We wish to emphasize our commitment to remaining within the city limits and our conviction that location of the Sciencenter and also of the Senior Citizens Center at the old sewage treatment site will be beneficial to the residents of the surrounding neighborhood as well as to residents of the rest of the city and the county. We would also like to draw your attention to the fact that orary limited p despite our temp space in Center Ithaca we are continuing to play a significant role in both informal and ently involved in after formal science education. We are curr school activities at school sites, and are completing g a science at Southside Community Center, place physical science written materials and supplies in every elementary school in the Ithaca district and that will be done by November 1st. Finally, on a lighter note, we would like to invite you all to attend a cold bloodied carnival, an event that will introduce you to radical reptiles and other fascinating October 29h andthfrIendly creatures. It will happen on Sunday, High School Cafeteria. Watch for further announcements. Thank you." Rental Housin Task Force Police Department Firearms H dro ower Resolution and 10 Sto Building on East State Street John Schroeder, 618 Stewart Avenue, 4th Ward Alderperson Candidate, spoke to Council on the suggested timetable that was appended to the Rental Housing Task Force report that was presented last Spring. The Task Force had recommended that there be action on a permanent Rental Housing Commission by now and that there be adoption of guiding principles for developing future housing in Ithaca. Mr. Schroeder stated that he thinks the citizens of Ithaca and particularly renters, deserve a report from the Planning and Development Committee as to what the D lr� 5 October 4, 1989 status of the Rental Housing Task Force Commission recommendations are. Mr. Schroeder spoke against the Police Department Firearms resolution that is on tonight's agenda. Mr. Schroeder also remarked on the proposed 10 story building on the site of the burned out building on West State Street. He said that the residents in his ward are very concerned that their views across the Ithaca valley are going to be irrevocably harmed by the construction of this building. He understands that the Planning and Development Committee had considered lowering the height of the zoning law in that area of the city and he urged expeditious action on that matter. Mr. Schroeder spoke in favor of the hydropower resolution that is in tonight's agenda. Festival Lands 2^ The following persons spoke to Council regarding the Festival Lands resolution on this evening's agenda: Charles Fitch, 484 Auburn Road, Lansing John Confer, Hammond Hill Road, Brooktondale Geoff Gooding, 105 Eddy Street Guy Gerard, 190 College Avenue Judy Rossiter, 301 Clinton House Betsy Darlington, 204 Fairmount Avenue Dr. Todd Engstrom, 196 Stevenson Road David Nutter, 656 Five Mile Drive Gossa Tsegaye, 408 East State Street Jules Burgevin, 117 Muller Facility Center Ashley Miller, 343 Iradell Road Jane Pederson, Elmwood Avenue Rick Bonney, Barnes Hill, Newfield Caren Smiley, P.O. Box 101, Ithaca Frederick R. Adler, 400 East Upland Road Allison Wells, G -3 190 Pleasant Grove Road Dave Garcia, 715 East Buffalo Street Legislative Update of Upcoming Meetings Martin Luster, Assemblyman, addressed Council and announced that on October 25th, Assemblyman Paul Harenberg, the Chairman of the Committee on Aging will be in Ithaca for a full day with a variety of events. On November 16th, at 7:00 P.M., Assemblyman Larry Bennett will be in town to convene a meeting of the Subcommittee on Small Cities of the New York State Assembly. Mr. Luster also reported that on December 12th the New York State Assembly Task Force to strengthen New York's work force will convene a symposium here in Ithaca. Hydropower - Van Natta Dam Bill Allen, New Woodstock, New York spoke to Common Council on the resolution on hydropower that is on tonight's agenda. He stated that he is a small hydro developer and he has been following this project since 1984, has attended most of the Hydro Commission meetings and some of the Council meetings. Mr. Allen stated that he had made an offer to purchase that property in 1986 which received no response. He said he submitted a proposal to the city's RFP to put up all the money, build it to the city's specifications and give the city a percentage of the gross revenue of that project. No counter offer was made to his proposal and no one from the Proposal Review Committee has contacted him and no notification was given to him that all the proposals had been rejected. Mr. Allen asked that if the city is going to surrender the exemption, are they going to negotiate with him or someone else on the use of the property and the water rights? If so who does he talk to and what terms does the city want? Mr. Allen 6 October 4, 1989 commented that if Council passes this resolution tonight he would like to see a date put on that surrender so he can file his own license application for that site. Senior Citizens Center Valorie Rockney, 304 Linn Street, representing the Senior Citizens Council, spoke to Council regarding the Senior Citizens search for a new Center. She thanked Council for their support and encouragement. The Senior Citizens Council has been very pleased so far with the efforts of the Committee for Land Use on the Northside. The Senior Citizens Council wishes to continue to express their interest in having the new Senior Center located in Ithaca, particularly on the Northside DPW site. Employment Legislation - Postal Workers Coert Bonthius, Tompkins /Cortland Labor Coalition, thanked the Council, the Mayor, Assemblyman Luster and everyone else who came out to rally and support the postal workers last week. As a result of that rally and the pressure from the community, including the Town, the County, and the Common Council, the postal service has agreed, through its Postmaster Carl Anderson, to set up a meeting with community, political, and union leaders to talk about this relocation and explain it. Mr. Bonthius urged the Council to set some dates tonight and follow through on this with the Postmaster. Mr. Bonthius also spoke on the issue of economic and development problems that the City of Ithaca and the County are facing. He passed out to Council members a County resolution regarding a jobs policy for Tompkins County. He asked Council to consider introducing the same legislation. Baling Station -.Commercial Avenue Site The following persons spoke regarding the County's proposal for a baling station at the Commercial Avenue site and the Industrial Zoning Resolution that is on tonight's agenda: Fred Remillard, Owner McDonalds, Elmira Road Kathryn Wolf, Trowbridge Associates, representing the Elmira Road Merchants Association Paulette Mano, 5 Westwood Knoll Rick John, Thaler and Thaler Law Firm Henry Vaughan, 304 Eastwood Avenue Emergency Shelter at Southside Community Center George Hagood, 501 west Green Street, spoke against the emergency shelter being at the Southside Community Center. He feels that the Southside Center should be used for programs for the teenagers and the children of that area - not to house the homeless. Although he agrees there should be a homeless shelter he does not feel Southside Center is the right spot for it. Community Access Channel on Cablevision Bill McCormick, Ithaca, addressed Council on the problems that have developed with the community access channel. He explained that the access channel is governed by the franchise between the cable company and the City of Ithaca and he asked that Council take a good look at that franchise as there are problems that should be looked at. Route 96 George Frantz, 5 -A westwood Knoll, presented Council an amendment to the resolution endorsing Alternative A /Optional 89 Alignment. He urged Council to support the amending resolution. RESPONSE TO THE PUBLIC: Post Office Jobs Alderperson Lytel suggested that Council should take the Postmaster up on his offer to meet with them regarding the issue of relocation of the Ithaca postal workers. i J ;I VA October 4, 1989 Alderperson Nichols spoke on the matter of preserving jobs and apprenticeship programs in the community. He stated that he will be presenting the matter to the Human Services Committee at their next meeting. HUMAN SERVICES COMMITTEE: * 16.4 City of Ithaca Emergency Shelter at Southside Community Center By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, at its meeting of September 6, 1989 the Common Council allocated $12,750 from unrestricted contingency in the 1989 fiscal year budget for the operation of an Emergency Shelter at the Southside Community Center, this being the complete amount requested by the Southside Center for the operation of the shelter from the beginning of October to the end of December 1989, and V-- WHEREAS, after considerable debate the Council failed to make an C► explicit commitment to fund the program from January to March 1990 because it has not yet considered the 1990 budget and because it wished to seek funding from other sources before making that commitment, and WHEREAS, without such a commitment the Southside Center Board in a letter to Council dated October 2, 1989 announced that it would not open the shelter; now, therefore, be it RESOLVED, That the City of Ithaca reaffirms its support of the Emergency Shelter at Southside, and that if McKinney Act, United Way, and County DSS monies are not forthcoming or not sufficient the City will act as the funding agency of last resort for the remaining $12,750 necessary to operate the shelter from January 1 to March 30, 1990. Alderperson Lytel stated that the Southside Center Board does not wish to begin a program if there is a possibility that it may be orphaned in the middle of the year. He said that he can report some progress in securing the other half of the funding from other sources. The Tompkins County EOC has considered and unfortunately tabled the resolution but they will consider once again meeting the other $12,750. Alderperson Lytel stated that if Council passes this resolution, we will be back on track. The shelter will be in a position to be opened and we can then go back to EOC and try to get the McKinney Act money from them and go to the County Board of Representatives and try to get a guarantee of funding from them. Alderperson Peterson noted that this is not the Southside's Emergency Shelter. This is a shelter that the City asked Southside to accommodate within their own programs, within a building where they already had community programs, and it is the City's responsibility and the City's choice whether to consider this shelter operative for this winter season. Alderperson Booth asked Alderperson Schlather what the Council (4wo" can commit themselves to tonight absent the kinds of decisions that will be made in December on the budget. Alderperson Schlather responded that sometimes the City can purchase services beyond the present funding year. He would think that if the Council makes this commitment this evening, they are bound to come up with funds in the next budget year. He explained the methods that can be used for this type of service. Alderperson Schlather further stated that his concern is that there are, with rare exceptions, no other human service agencies in town that require the City to commit to funding for more than the existing budget year. He feels that for Southside to take the position that they will not operate this shelter unless the City gives them a commitment through next Spring, places them in (' 8 October 4, 1989 a position that is different than any other human service agency in the City. Alderperson Schlather stated that he believes it is unwise for Council to make that kind of a commitment - he thinks Southside had the assurances of record last time. In terms of the City's willingness that this program succeed, many of the Council were quoted in that regard and politically, morally and as a matter of common sense, Common Council would not let Southside down. Alderperson Schlather commented that as a matter of sound fiscal and future procedures in terms of the operation of this Council, he cannot support this kind of a guarantee. Mayor Gutenberger reiterated that this Common Council cannot make commitments for 1990 dollars until they have seen the budget. He said that the budget should be ready within the next two weeks and he can tell the Council that for every single penny that they decide to spend they are going to have to take away from somebody else. He urged Council not to make decisions now, without having all the information before they begin spending dollars in 1990. He stated that it is not going to be a good budget year. Mayor Gutenberger stated that he agrees with Alderperson Romanowski that the County should be involved in this - the Council should not even be discussing this - it is a County function. However, the reality is that it is here and he urged the Council not to make the mistake by promising people something that the City may not be able to deliver. He said that the Council is going to have a hard time even providing the level of services to the taxpayers of this community that is now being provided without taking on anything additional. Alderperson Hoffman asked City Attorney Nash if there has been progress on a contract for this service. Atty. Nash said he has not been directed to work on a contract at this time. Alderperson Hoffman proposed an amendment that the money be taken from Unrestricted Contingency and placed in Restricted Contingency for this purpose from the 1989 budget. There was no second to Alderperson Hoffman's proposed amendment. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That in the Resolved clause, in the fourth line, all language after "the city, etc..." be stricken and the following language be substituted: "the City will make every reasonable effort to provide $12,750 necessary to operate the Shelter from January 1 to March 30, 1990 subject to the City's 1990 budget constraints." Discussion followed on the floor on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (6) - Schlather, Romanowski, Johnson, Booth, Hoffman, Mayor Gutenberger Nays (5) - Peterson, Lytel, Cummings, Nichols, Killeen Motion Carried (6 -5) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.9 Festival Lands By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca and the Office of Parks, Recreation and Historic Preservation entered into an agreement on March 21, P] 9 October 4, 1989 1985 that provided recreational facilities for the city's use, and WHEREAS, State Parks is interested in developing additional recreational facilities including a seventh and final shoreline pier with slips on one side only, and picnic area at Allen H. Treman State Marine Park and hiking /biking trail commonly referred to as the Cayuga Inlet Trail, and (4moo� WHEREAS, State Parks has agreed to satisfactorily complete all the requirements of the State Environmental Quality Review as it relates to such development at Allen H. Treman State Marine Park, and WHEREAS, State Parks has mutually agreed with the Tompkins County Environmental Management Council as described in the documents on the boundaries and future protection of the wetlands area commonly referred to as Hogs' Hole, and WHEREAS, State Parks has further agreed to continue to make available certain ball fields at Buttermilk Falls State Park for an additional five -year period of time with options to renew such license for four additional five -year periods of time, and WHEREAS, State Parks has agreed to adopt a mowing policy for the land presently owned by the city that will insure the continued use of that area as a nesting, resting and feeding place for migratory birds, and WHEREAS, State Parks has agreed to locate the access road along the northerly edge of the Marina basin, replicating the layout of the southerly Marina drive per map dated October 3, 1989, and WHEREAS, State Parks has further agreed that the northwestern parking lot and comfort station will be dropped from this proposal, and WHEREAS, disposition of city property is a Type 1 action requiring environmental review and Common Council cannot take action to transfer property until the environmental review process is completed; now, therefore, be it RESOLVED, That the Common Council does approve for submission to environmental review the above described proposal as shown on the map dated October 3, 1989 to transfer ownership of the city -owned land commonly referred to as the Center for the Arts parcel to New York State Parks for recreational purposes in accordance with the March 21, 1985 agreement and the aforementioned conditions agreed to by New York State Parks. Alderperson Cummings explained that what is being discussed here is city owned land - the Festival Lands. Those lands do not touch the water edge. In referring to a large map that was on the wall, Alderperson Cummings pointed out that Hogs' Hole and the adjacent area are all the State's land currently. Alderperson Booth stated his reasons for opposing what he called (,,woe "a new proposal" that has been presented to the Council this evening. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Festival Lands resolution be referred back to the Planning and Development Committee for review and report back to Common Council. Discussion followed on the floor. 10 October 4, 1989 A vote on the motion to refer resulted as follows: Ayes (2) - Johnson, Booth Nays (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman, Nichols, Peterson, Killeen Motion Defeated Main Motion Discussion followed on the main motion. Mr. Mazzella responded to questions regarding this new proposal. He assured Council that State Parks will enter into a binding agreement regarding Hogs' Hole boundaries and that this half pier is the final pier. Alderperson Hoffman asked that the first 'Whereas' be deleted as there seems to be considerable debate and confusion regarding this. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the first Whereas clause be deleted from the resolution. A vote on the amending resolution resulted as follows: Ayes (3) - Johnson, Booth, Hoffman, Nays (7) - Schlather, Cummings, Killeen, Lytel, Nichols, Peterson, Romanowski Motion Fails Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That the first Whereas read as follows: "Whereas, the Mayor of the City of Ithaca and the Office of Parks, Recreation and etc...." Ayes (5) - Hoffman, Booth, Cummings, Johnson, Peterson Nays (6) - Schlather, Romanowski, Killeen, Lytel, Nichols Mayor Gutenberger Motion Defeated Discussion followed on what entity should be the lead agency for environmental review. City Attorney Nash explained the procedure for environmental review. When two agencies are involved, only one agency can be named the 'lead agency.' Alderperson Booth requested that Atty. Nash check the City Ordinance and State regulations. If the State issues a Negative Declaration there may be an opportunity for the City to make a decision on the propriety of a negative declaration. He further pointed out that if the State does an Environmental Impact Statement then the City has to make some findings which are completely independent of the State's findings. The City's findings are not in any way bound by the State's findings. Alderperson Hoffman stated his belief that the City should be directing the Environmental Review as this is our land. We should not be turning over Environmental Review to the agency that wants to develop that land. Further discussion followed on Environmental Review. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the Resolved clause read as follows: "Resolved, That Common Council does approve for submission to environmental review (with Common Council as the lead agency) the above described proposal, etc...." 11 October 4, 1989 A vote on the amending resolution resulted as follows: Ayes (6) - Hoffman, Nichols, Johnson, Booth, Lytel, Peterson Nays (4) - Schlather, Romanowski, Cummings, Killeen Carried Main Motion as Amended (400e Further discussion followed on the floor on the Main Motion as Amended. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, that in the second Whereas clause, the words "and hiking /biking trail commonly referred to as the Cayuga Inlet Trail" be stricken. (� I CC) 1.0 Ayes (2) Nays (8) - Johnson, Booth - Schlather, Killeen, Romanowski, Peterson, Nichols, Cummings Motion Fails Lytel, Hoffman, Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the third Whereas clause in its entirety be stricken from the resolution. Ayes (3) Nays (7) - Johnson, Booth, Hoffman - Schlather, Romanowski, Peterson, Killeen, Cummings Motion Fails Lytel, Nichols, Amending Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the fourth Whereas clause, in its entirety, be stricken from the resolution. Aye (1) - Booth Nays (9) - Killeen, Johnson, Nichols, Schlather, Lytel, Cummings, Peterson, Hoffman, Romanowski Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the fourth Whereas read as follows: "State Parks will hopefully agree with the, etc....." Ayes (4) - Booth, Johnson, Hoffman, Peterson Nays (6) - Schlather, Romanowski, Lytel, Nichols, Killeen, Cummings Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Cummings, Nichols, Lytel, Schlather, Killeen, Peterson, Hoffman, Johnson, Romanowski Nay (1) - Booth Carried Recess Common Council recessed at 10:30 p.m. and reconvened in regular session at 10:45 p.m. Mayor Gutenberger left the meeting at 10:30 p.m. The remainder of the meeting was chaired by Acting Mayor Killeen. 163 164 12 October 4, 1989 *17.6b Industrial Zoning - Amendment to Zoning Ordinance By Alderperson Cummings: Seconded by Alderperson Schlather RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on November 1, 1989 at 7:00 P.M. and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Ayes (8) - Schlather, Romanowski, Lytel, Cummings, Nichols, Johnson, Peterson, Killeen Nays (2) - Booth, Hoffman Carried ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30. 1. That Column 2, Permitted Primary Uses, is hereby amended to read as follows under the "I -1" use district (deletions are bracketed; additions are underlined): 1. Any use permitted in B -5 district, except that dwelling units are prohibited. 2. [Any use not permitted in any other district including] Industrial, warehousing, wholesaling, storage and handling of bulk goods (not including rubbish, other than that incidental to the primary use of the property, as defined in Chapter 69, Section 69.1 N), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use not permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with Section 30.26 and Section 30.41 Special Performance Standards and concurrence by the Common Council. 9 6WR 4. SECTION 2. 13 October 4, 1989 All uses must conform to special performance standards governing establishment of industrial uses (See Section 30.41). AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C)(1) is hereby amended to add the (W,V.e following: p_ Any use not permitted as of right in the I -1 zoning district. SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C) is hereby amended to add Subsection 5 as follows: 5. In the I -1 zone, uses other than those permitted under Section 30.25 may be permitted by special permit upon a finding by the Board of Zoning Appeals and concurrence by the Common Council that such use shall have no significant negative impact by reason of noise, fumes, odors, vibration, noxious or toxic !..! release, or other conditions injurious to the health or general welfare of the public. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. * 17.7 Central Processing Facility - Draft Environmental Impact (600e Statement By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, the Draft Environmental Impact Statement (DEIS) prepared for the Central Processing Facility (CPF) on the Commercial Avenue site misrepresents the City of Ithaca's concurrence with the selection of the site as the "alternative preferred site" in March 1989, and WHEREAS, the DEIS mistakenly infers that because the City zoning ordinance authorizes transfer stations for recyclable materials for this zone that this garbage baling station fits within this definition, and WHEREAS, the DEIS is incorrect in asserting that the proposed CPF at the Commercial Avenue site complies with current zoning regulations in the City, and WHEREAS, consideration of alternative sites is noticeably deficient, and WHEREAS, the City has appreciable concern for environmental impacts such as wetland encroachment, air pollution, noise, odor, the potential pollution of an underwater aquifer, and the handling of toxic wastes that have not been adequately acknowledged or mitigated in the DEIS, and h WHEREAS, the DEIS does not adequately address the need for buffering the CPF site from its commercial neighbors and from the adjacent Southwest Park, and WHEREAS, the DEIS does not accurately represent the economic impact of the placement of the CPF at the Commercial Avenue site, now, therefore be it RESOLVED, That the City of Ithaca finds the DEIS to be in need of substantial revision and calls upon Tompkins County not to adopt this document as a final Environmental Impact Statement. 166 14 October *4, 1989 Discussion followed on the floor regarding the DEIS conducted by the County. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the third Whereas clause be stricken from the resolution. Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Romanowski, Killeen, Nichols, Lytel, Peterson, Johnson, Cummings Motion Fails Main Motion Further discussion followed on the main motion. A vote on the Main Motion resulted as follows. Ayes (9) - Schlather, Romanowski, Lytel, Cummings, Nichols, Killeen, Johnson, Peterson, Hoffman, Killeen Nav (l) - Booth Carried * 17.8 Route 96 By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has received and reviewed the draft Environmental Impact Statement for the various Route 96 /Octopus alternatives, and WHEREAS, the City has received the New York State Department of Transportation's recommendation that Alternative A be the preferred alternative for this project; now, therefore, be it RESOLVED, That the City of Ithaca rejects New York State Department of Transportation's selection of Alternative A for the following reasons: 1) This Alternative would result in the taking or relocation of nine homes on Cliff Street. The destruction of these homes would reduce the supply of housing affordable to low and moderate income households, cause a loss of taxes to the City of Ithaca, and take a very high toll on the individuals and families who would be uprooted by this taking or relocation. 2) A substantial portion of the park land that would be taken by Alternative A - Optional 89 Alignment, has never been developed for park purposes. The City has recognized that some of these lands may have more appropriate use than as park land, and be it further RESOLVED, That the City does hereby endorse Alternative A- Optional 89 Alignment and requests that DOT implement this Alternative at the earliest possible time. The City makes this recommendation for the above stated reasons and because it believes that Alternative A- Optional 89 Alignment preserves the following future options: construction of an emergency vehicle route that connects directly to the hospital, construction of an overpass over the Conrail tracks, separation of Route 89 traffic from Route 96 via a Route 89 connection at Esty Street, and the diversion of traffic off Cliff Street through construction of a northern connection from Route 96 to Route 89. Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Schlather RESOLVED, That there be a further Resolved added to the resolution to read as follows: J 19 15 October 44, 1989 "RESOLVED, That, if the Department of Transportation agrees with the City's position as stated in this resolution or if it continues with its Alternative A proposal, it fully investigate the feasibility and cost of relocating those homes on Cliff Street slated for removal under the Cliff Street alignment proposed in its Alternative A onto new foundations further back on their existing lots, and locate the sidewalk proposed to run (Wooll along the newly widened Cliff Street at the base of the embankment to be created under said Alternative A alignment, and further that a landscape screen sufficient to buffer the relocated homes from the newly widened Cliff Street be included in the design of the improvements to the street, as sketched in the drawing dated September 22, 1989, with the further clarification that the cul -de -sac be eliminated and instead connect directly to Route 89 /Park Road." Discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Carried Unanimously 3 A vote on the Main Motion as Amended resulted as follows: 4 -, Carried Unanimously Motion to Extend Meeting By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That this Common Council meeting be extended until 12:00 midnight. Carried Unanimously REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: (Woo� Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: 1. In June the Board received a proposal from CNG Transmission Corp. requesting a 50 -foot right -of -way to construct a gas pipeline through the city watershed. For various reasons the request was denied by the Board. CNG has now come back to the Board with a new proposal which would allow construction 50 -feet east of the centerline of the present 150 -foot NYSEG right -of -way thus eliminating the amount of clearing which would affect the quality of the city's wooded area. They also agreed to bury the pipeline 8 to 9 inches under Six Mile Creek, thus allowing the removal of gravel to be continued. That resolution was passed by the Board on September 27, 1989. 2. Discussion was held on September 23rd at the Committee of the Whole meeting with City Traffic Engineer Frank Gombas regarding the improved signalization for the Octopus. Through a subsequent resolution a letter was written to the State DoT to enlist their aid and a response has been received from DoT asking for information that is needed for (400,11 a proper evaluation. 3. The matter of the Treman Marina is still being discussed by the Board with no conclusions reached. However, it was felt that with expertise of the Park Commission personnel, concerns raised by individuals as well as various community groups, Common Council and the Board of Public Works, that through negotiations a compromise could be reached that would be satisfactory to all. CITY ATTORNEY'S REPORT: Alderperson Lytel stated that the Red Cross had a variance to extend their shelter. It expired and they went back the Board of Zoning Appeals for another one. The BZA refused the Red Cross. The Red Cross challenged it and now the BZA wishes to pursue it 168 16 October 44, 1989 in court. He asked City Attorney Nash at what point in this process does the Council say to the City Attorney that the Council does not wish to see this pursued in Court. City Attorney Nash stated that he will look into the matter and report back to Council at the November meeting. PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Van Natta Dam By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, a Request For Proposals for private hydropowP development of the Van Natta Dam was issued, and WHEREAS, the proposals received in response to said RFP have not demonstrated a sufficient benefit to the City of Ithaca, and WHEREAS, new monitoring requirements and enforcement provisions being effected by FERC, place an increased burden of liability on the city as the holder of the FERC Exemption on this project, and WHEREAS, the city would be afforded some opportunity to influence the form of development of the site by a private entity through the FERC licensing process and /or negotiations concerning the transfer of property and water rights held by the city at the site; now, therefore, be it RESOLVED, That Common Council does reject all proposals received in response to the RFP to develop the Van Natta Dam under the city Exemption, and, be it further RESOLVED, That the FERC Exemption held by the city for such project be surrendered prior to the March 1990 deadline for beginning construction. Alderperson Hoffman stated that in regard to the questions from Mr. Allen, who addressed Council this evening, the City had a very specific Request for Proposals. The City did not receive all the information requested from Mr. Allen or any of the other parties. There was a second request made by the City and still the information was not forthcoming in order for the City to make a decision. Nevertheless, the Committee the Council set up did consider the proposals that were received. He said that it is the committee's belief that there are two reasons for rejecting them. The first is financial: payments to the City would be only $3 -4,000 per year, while the City would still have significant potential liability, as holder of the license. The second reason was that the City Attorney said that it may be legally problematic for the City to turn over the operation of a plant to a private contractor when the City had used municipal preference to acquire the exemption in the first place. Based on those considerations the recommendation of the committee was to give up the exemption; the Planning Committee concurred. City Planner Jones and City Attorney Nash answered questions from Council members. Alderperson Booth asked Alderperson Hoffman to state for the record what the significance is of the City giving up that exemption. Alderperson Hoffman stated that if the City gives up its exemption, which we would have to exercise by March 1990, we would then open up the site for potential requests for hydropower development by any other party. That request would have to go through FERC and the City could become an involved party to any requests since the City owns all the land and water rights in question. The City could make a case as to the conditions under which any other hydropower license would be granted. Presumably, we would ask for the same conditions that (), it l 17 October t4, 1989 were applied to the City's exemption in terms of minimum flow needed to be maintained in the creek and the treatment of the facade of the building which would be used for hydropower. The committee's feeling was that many of the concerns that the City had could still be addressed because the City would have a prominent role. Alderperson Hoffman further stated the City, as owner of the land (400"11 and water rights, would have to be approached by a private developer for lease or sale of the land and that would give the City some leverage in that situation. A vote on the resolution resulted as follows: Carried Unanimously * 17.2 Ithaca Falls - Hydropower �( By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, a primary motive in the city's effort to construct a hydropower facility at Ithaca Falls has been to preclude "uncontrolled" development at the site by private parties, and 1 WHEREAS, recent information as more fully set forth in a letter < dated 7/14/89 from DEC to Attorney Nash; letter dated 8/10/89 from FERC to Attorney Nash and letter dated 9/5/89 from DEC to Margaret Fabrizio, Fall Creek Conservation Committee, has affirmed that designation of Fall Creek as a State Recreational River will provide definite protection against development of the Ithaca Falls for hydropower by any party other than the city; now, therefore be it RESOLVED, That Common Council does hereby reaffirm its support of designation of Fall Creek as a New York State Recreational (4000� River, and its willingness to work with Representatives Martin Luster and James Seward to develop appropriate legislation, and be it further RESOLVED, That Common Council does hereby direct staff to provide support services to facilitate the designation process, including mapping of proposed boundaries within the city. Such services shall take priority over hydropower development for at least 30 days. Discussion followed and City Planner Jones answered questions from Council members. A vote on the resolution resulted as follows: Ayes (6) - Hoffman, Booth, Nichols, Johnson, Peterson, Lytel Nays (4) - Romanowski, Killeen, Schlather, Cummings Carried CHARTER AND ORDINANCE COMMITTEE: * 14.1 Amendment of the City's Cable Franchise Agreement with American Community Cablevision Respecting the Franchise's Existing Prohibition on Advertising and /or Endorsement of (Wwooe Political Candidates By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pending the City Attorney's review of applicable federal and state laws and subject to agreement by American Community Cablevision, the Common Council does hereby approve amendment of the Cable Franchise Agreement with American Community Cablevision, Article XIV, Section 14.3(D) thereof, to remove the prohibition on advertising and /or endorsement of political candidates. Said provision shall, after amended, read as follows: "Designated channels shall not be used for the promotion or sale of commercial products or services." 170 and be it further October *4, 1989 RESOLVED, That this resolution shall take effect on January 1, 1990. Amending Resolution By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the effective date of the resolution shall be upon agreement by American Community Cablevision. City Attorney Nash referred to the ruling that was made by the State Cable Commission on the City's franchise renewal and in light of that he feels that the City should amend the language of the franchise now. Further discussion followed on the amendment. A vote on the amending resolution resulted as follows: Ayes (3) - Lytel, Peterson, Hoffman Nays (5) - Schlather, Booth, Cummings, Killeen, Johnson Abstentions (2) - Nichols, Romanowski (conflict of interest) Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Nichols, Hoffman, Johnson, Cummings, Lytel, Peterson, Killeen, Booth, Schlather Abstention (1) - Romanowski (conflict of interest) Carried (9 -0) Motion to Extend Deadline of Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the deadline for this Common Council meeting be extended until 12:30 a.m. Ayes (7) - Cummings, Schlather, Romanowski, Killeen, Lytel, Hoffman, Booth Nays (3) - Nichols, Peterson, Johnson Carried * 14 2 Approval of Board of F Regulation Respecting Annual Revie By Alderperson Booth: Seconded by RESOLVED, That Common Council does Board of Public Works' amendment 245.39 -a Part III, Section 1, Regulations as follows: blic Works' Amendment of its of Sewer Charqes Alderperson Schlather hereby endorse and approve the of paragraph 3 of subsection Item 1.1 of its Rules and "The user charges shall be reviewed annually and the rates revised as necessary to insure that adequate revenues are generated to pay for the cost of operation and maintenance, including replacement." Carried Unanimously * 14.3 Amendment to Chapter 30, Entitled 'Zoning', of the CitY of Ithaca Municipal Code Pertaining to the Establishment of a New R 2c Zoning District - Resolution to Proceed to Public Hearing By Alderperson Booth: Seconded by Alderperson Nichols RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of lwt N i .h 19 October 44, 1989 the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, November 1, 1989 at 7:00 P.M, and be it further RESOLVED, That the City by the publication of specifying the time when will be held, and in ordinance. Such notice days prior to the public Clerk give notice of such public hearing a notice in the official newspaper, and the place where such public hearing general terms describing the proposed shall be published once at least fifteen hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.31 30.21, 30.25 and 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York that an ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be adopted, as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family ", Section 30.3(24), shall be amended as follows: [ "Dwelling, one - family" shall mean a building containing not more than one dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or by an individual or family and not more than two (2) unrelated individuals if owner occupied in R -1 zones. In R -2 and R -3 zones, a one - family dwelling may be occupied by an individual or family and not more than two (2) unrelated individuals.] "Dwelling, one - family" shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. Ill. II.A. One - family detached dwelling. 171 172 20 October VA, 1989 B. One - family detached dwelling, zero -lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. I I I Ill II B One - family detached dwelling, zero lot line C. One- family semi - detached dwelling - A building containing not more than two one - family dwellings, each of which shares a party wall or other common structural elements with the other dwelling unit in the building. - -- --� ❑ ❑ .❑ ❑ Ill II. C. One - family semi - detached dwelling. D. One- family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) one - family dwelling units may be attached to form a single building. Do 0 I Ill II. D. One- family attached dwelling. 2. That a new definition for "Occupant" be added to Section 30.3 as follows: 104. "Occupant" (in R -2c zones only) A "Occupant" (in R -2c zones only) shall mean a person that is permitted to occupy a dwelling unit or building in an R -2c zone The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: i I i 21 October 4, 1989 1. In R -2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table: a. Sleeping room, minimum sq. ft. Number of Persons 1 2 3 4 or more ----------------------------- 80 120 180 240 plus 60 for each addtl. b. Dwelling unit (other 150 250 350 than kitchen), minimum sq. ft. person 450 plus 100 for each addtl. person 4 2. In any other lodging units maximum number of occupants shall permitted in R -2c zones, the be limited to the number u determined on 3. In dormitories, the same basis as for dwelling units. buildings in R -2c zones, occupied as clubs, sorority or fraternity houses, cooperative houses, persons and providing sleeping accommodations for more than five (5) persons, the maximum number of occupants so accommodated in any contrary, once habitable room shall be limited to the number determined on the dwelling unit is constructed and legally basis of the floor area, in square feet, of the room divided by not include additional sixty (60) square feet per occupant. children B. Nothina herein shall be construed to limit the maximum size of anv room in a dwellinq unit. Bedrooms that exceed the SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." minimum square footage in the above chart may not sleep more persons unless the appropriate lot size requirements are met. C. Notwithstanding anything herein to the contrary, once an R -2c dwelling unit is constructed and legally occupied, the term "occupant" shall not include additional minor dependent children that are added to a household. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." 1711 22 October 4, 1989 D. Under Column 2, Permitted Primary Uses, for the R -3 districts, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." E. Under Column 2, Permitted Primary Uses, for the R -U district, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add 1'3. R -2c only: Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling." 2. For the R -1b zone, delete "One- family dwelling" and add "One- family detached dwelling." 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add "2. One - family attached dwelling, new const.: 6,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 7. For the R -3a zone, renumber existing item 112." to 113.11. 8. For the R -3a zone, add "4: One - family attached dwelling, conversion: 7,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 9. For the R -3a zone, renumber existing items 113.11, " 4 . " and 115.11 t o " 5 . " , " 6 . " and "7.". 10. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling." 11. For the R -3b zone, add "2. One - family attached dwelling, new const.: 3,500 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 12. For the R -3b zone, renumber existing item 112." to "3.". 13. For the R -3b zone, add 1'4. One- family attached dwelling, conversion: 4,000 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 1_'7 5 23 October 4, 1989 14. For the R -3b zone, renumber existing items "3.", " 4 . " and " 5 . " to " 5 . " , 116.11 a nd " 7 . " . 15. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 16. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". 17. For the R -U zone, add "3. One - family attached dwelling: 16,500 for first 1 - 3 units plus 1,500 for each add'1 unit." 18. For the R -U zone, renumber existing items 113.11, " 4 . " and " 5 . " to " 4 . " , " 5 . " and " 6 . " . 0 H. Under Column 61 Minimum Lot Size, Area in Square Feet add under a new subdistrict heading "R -2c" as follows: detached or semi- detached dwelling or [_?) "1. One - family detached dwelling: 2500 for first '. occupant, plus 500 for each additional occupant. and add "One- 2. One - family detached dwelling, zero -lot line: detached 2,500 for first occupant plus 500 for each additional occupant. 3. One- family semi - detached dwelling: 2000 for first occupant in each dwelling unit plus 400 for each additional occupant in each dwelling unit. 4. one - family attached dwelling: 1500 for the first occupant in each dwelling unit plus 300 for each additional occupant in each dwelling unit plus 500 for each additional occupant in each dwelling unit in excess of five (5) occupants. 5. Two - family dwelling: 2000 for first occupant in each dwelling unit, plus 400 for each additional occupant in each dwelling unit. 6. Other uses: 4000." I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling ". 2. For the R -lb zone, delete "One- family dwelling" and add "One- family detached dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 117f; W VIA L. 10 24 October 4, 1989 8. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 9. For the R -3b zone, add 112. One- family attached dwelling: 40." 10. For the R -3b zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and 115.11. 11. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 12. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". 13. For the R -U zone, dwelling: 125." 14. For the R -U zone, 114.11 and " 5 . " to 114 Under Column 7, Minimul Street Line, add under a as follows: add 113. One- family attached renumber existing items "3.", " r If 5. " and 116 " n Lot Size, Width in Feet at new subdistrict heading "R -2c" "1. One - family detached dwelling: 40. 2. One - family detached dwelling, zero -lot line: 35. 40. 3. One - family semi - detached dwelling: 50. 4. One- family attached dwelling: 50. 5. Two - family dwelling: 50. 6. Other Uses: 40." Under Column 8, Maximum Building Height, Number of Stories, add under a new subdistrict heading "R -2c": "3". Under Column 9, Maximum Building Height, Height in Feet, add under a new subdistrict heading "R -2c": "35 ". Under Column 10, Maximum Percent Lot Coverage By Buildings, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 35. 2. One - family detached dwelling, zero -lot line: 35. 3. One - family semi - detached dwelling: 40. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 40. 6. Other Uses: 35." N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under a new subdistrict heading "R -2c": "10". It I "l l 25 October 4, 1989 O. Under Column 12, Yard Dimensions, Side, One Side at Least, add under a new subdistrict heading "R -2c" as follows: "l. One - family detached dwelling: 10. 2. One- family detached dwelling, (40�_ zero lot line: 15. 3. One - family semi - detached dwelling, unattached sides only: 10. 4. One - family attached dwelling, unattached sides only: 10. 5. One - family attached dwelling, attached sides: 0. 6. Two - family dwelling: 5. 7. Other uses: 5." Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: (R -2b) R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): 5. Two - family dwelling: *10. �r 6. Other uses: 10." P. Under Column 13, Yard Dimensions, Side, Other Side at 0..i Least, add under a new subdistrict heading "R -2c" as follows: "l. One - family detached dwelling: 5. 2. One - family detached dwelling, zero -lot line: 0. 3. One - family detached dwelling, zero -lot line, on side abutting a non - zero -lot line building or lot: 10. (600" 4. One - family semi - detached dwelling, attached sides: 0. 5. One - family attached dwelling, attached sides: 0. 6. Two - family dwelling: 5. 7. Other uses: 5." Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: (R -2b) R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): 175 26 SECTION 5. EFFECTIVE DATE. October 4, 1989 This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth explained that when this issue was discussed at the committee meeting, there were different density square footages than are in the main motion. Deputy Planning Director Mazzarella prepared an "Alternate R -2c Development Densities" which was considered by the Charter and Ordinance Committee. Alderperson Booth said that he would like to move those alternate densities. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the "Alternate R -2c Development Densities ", considered by the Charter and Ordinance Committee, be adopted by the Common Council. Discussion followed on the Alternate R -2c Development Densities and Deputy Planning Director Mazzarella answered questions from Council members. ALTERNATE R -2c DEVELOPMENT DENSITIES CONSIDERED BY THE CHARTER AND ORDINANCE COMMITTEE TYPE OF DWELLING UNIT One - family detached dwelling One - family detached dwelling, zero -lot line One - family semi - detached dwelling One - family attached dwelling Two - family dwelling Other uses MINIMUM LOT SIZE, AREA IN SQ. FT. 3000 for first occupant plus 400 for each add'1 occupant. 3000 for first occupant for first occupant lot plus 400 for each add'1 occupant. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit plus 600 for each add'1 occupant in excess of five occupants. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit. 4000. Further discussion followed on the floor. D 117 19 27 October 4, 1989 Alderperson Booth suggested that Item #3 which begins "In buildings in R -2c zones occupied as clubs," etc. be stricken from the document. He also withdrew the motion calling for the Public Hearing. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the amendment to Chapter 30, Entitled 'Zoning' of the City of Ithaca Municipal Code Pertaining to the Establishment of a New R -2c Zoning District be referred to the Planning and Development Committee for review and report back to Common Council. Carried Unanimously Alderperson Booth, due to the lateness of the meeting, withdrew his three reports under the Charter and Ordinance Committee. t' BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 GIAC Improvements - Hire Mediator By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Planning Department be authorized to enter 9 into an agreement with the Community Dispute Resolution Center, for the provision of mediation services in connection with the . °_ space needs dispute between the GIAC Board and the Drop -In Children's Center, at an amount not to exceed $1,000.00, and be it further RESOLVED, That the funding for this contract be advanced from the General Fund, pending the formal establishment of Capital Project for the final design and construction of GIAC renovations. Ayes (7) - Schlather, Killeen, Johnson, Cummings, Lytel, Peterson, Hoffman Nays (3) - Nichols, Booth, Romanowski Carried * 15.2 Authorize Mayor to Enter into an Agreement for Architectural Services in Connection with the Schematic Design of the GIAC Pool By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute an agreement with the selected architect, H.O.L.T. Associates, for the preparation of a Schematic Design of the GIAC Pool, at an amount not to exceed $9,780.00, and be it further RESOLVED, That the cost of this Schematic Design Phase be paid from Capital Project #217 for said GIAC Pool construction. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the amount of money for the Schematic Design of the GIAC pool be $11,880.00. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.3 Youth Bureau - Amend Youth Development Budget By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, we have received verbal confirmation from the New York Education Department for additional funding for the Youth at Risk and Community Partnership Program; now, therefore, be it RESOLVED, That the 1989 budget be amended by increasing appropriation line A7310 -110 Youth Bureau Personal Services, by $2,097.00, in order to expand an existing youth worker position to full time for the remainder of 1989, and be it further 180 October 14, 1989 RESOLVED, That said Youth Worker position be reclassified to the position of Youth Program Coordinator, subject to necessary approval by the Civil Service Commission, and be it further RESOLVED, That account A7310 -405 be increased by $2,000.00, for the upgrade of the existing Telephone System, for use in connection with this Grant Program, and be it further RESOLVED, That estimated revenue A3820 State Aid for Youth Programming be conversely increased by the total of $4,097.00, and that the implementation of expanded programs described herein be made subject to the receipt of written confirmation of the New York State Education Department. Carried Unanimously * 15.4 Youth Bureau - Amend GIAC Budget 1989 and 1990 By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, the Youth Bureau has received written confirmation from the Ithaca City School District of the approval of a grant for $11,600. to expand existing GIAC Youth Program Services; now, therefore, be it RESOLVED, That the 1989 Budget be amended by increasing appropriations, Line A7311 -120 GIAC Personal Services, by $2,958. and line A7311 -460 GIAC Program Supplies, by $750., for the operation of this Program for the balance of 1989, and be it further RESOLVED, That Estimated Revenue account A2350, Youth Services Other Governments, be conversely increased by 3,708. Carried Unanimously * 15.5 Request for Attorney's Fees - GIAC Director Arbitration By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $8,200. be transferred from account A1990, Unrestricted Contingency, to account A1420 -430, Fees for Professional Salaries, to pay the final bill for Legal Services in connection with the GIAC Director Arbitration Proceeding. Carried Unanimously * 15.6 Youth Bureau - Upgrade Art Program Supervisor Position and Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the present position held by Ruth Davis, of Art Program Supervisor, be and is hereby reclassified to the position of Recreation Supervisor, and be it further RESOLVED, That Ruth Davis be appointed to said position at an annual salary of $19,627, which is Step #3 on the CSEA Administrative Compensation Schedule, effective October 9, 1989. Carried Unanimously * 15.7 Finance Department - Approval of Mayor's Recommendation for Deputy City Clerk By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That Julie Boyle be appointed to the position of Deputy City Clerk, at an annual salary of $20,412., which is Step 4 of the CSEA Administrative Unit Compensation Plan, effective October 16, 1989. Carried Unanimously * 15.8 Personnel Assistant Position By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That Liza Patz be appointed to the position of Personnel Associate on a provisional basis, at an annual salary of $25,000., effective October 10, 1989. Carried Unanimously �'i 181 29 October �1,4, 1989 * 15.9 Police Department - Authorize New Telephone System By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, the Police Chief has recommended that the low bid submitted by All -Mode Communications, Inc. be accepted for replacement of the existing Police Department Telephone System, and WHEREAS, the base bid price of $27,262. exceeded available funds by $3,684.; now, therefore, be it RESOLVED, That the Police Department Authorized Equipment List be increased by $3,684., such funding to be provided by a transfer from A1990 Unrestricted Contingency, to A3120 -225 Other Equipment, of said amount, and be it further RESOLVED, That the Police Chief be authorized to enter into an agreement with All -Mode Communications, for equipment and �# installation thereof. Ayes (9) - Schlather, Booth, Killeen, Peterson, Cummings, Nichols, Johnson, Lytel, Hoffman Abstention (1) - Romanowski (conflict of interest) -a Carried (9 -0) * 15.10 Police Department - Authorization for Conversion of Fire Arms By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Department be authorized to change firearms from revolvers at present, to semi - automatic weapons. Alderperson Schlather gave background information on the (Wo", resolution. Ayes (8) - Romanowski, Killeen, Schlather, Lytel, Cummings, Booth, Nichols, Johnson Nays (2) - Peterson, Hoffman Carried * 15.11 Police Department - Authorization to Siqn Court Securitv Contract By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Chief be authorized to execute an agreement with the New York State Unified Court System, for the provision of Court Security Services, subject to review and approval of related contract terms and conditions by the City Attorney. Carried Unanimously * 15.12 Planning Department - Revision of Contract Approval Policy By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the City Policy for approval and execution of City Contracts for Personal Services be established as follows: A. Contracts for amounts less than $500., when prepared on a boiler plate form contract developed by the City (6woo� Attorney, shall require approval of signature of both the Department Head giving rise thereto, and of the City Controller for availability of funds. Any deviation from the approved form would require further review and approval by the City Attorney. B. Contracts of $500. or more but less than $2,000., shall require all the approvals disclosed in A. above, plus the approval of the City Attorney in all instances. C. Contracts in the amount of $2000. or more shall require all approvals presented heretofore in clauses A and B above, plus the approval of the Mayor and the Chairperson of the Budget and Administration Committee. -1 8 6" 9M October A-4, 1989 D. All contracts approved by the process presented herein shall as a matter of practice, be published on a monthly basis by the City Controller. The detailed listing shall include date of the Contract, the Amount, the Vendor, the City Department affected, and a brief description of the purpose of said Contract. Carried Unanimously * 15.13 Bond Resolution - Fire Vehicles By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a Bond Resolution authorizing the issuance of $880,000 in Serials Bonds for the purchase of Fire - fighting Vehicles be, and is hereby approved. BOND RESOLUTION DATED OCTOBER 4, 1989 A RESOLUTION AUTHORIZING THE ISSUANCE OF $880,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF FIRE - FIGHTING VEHICLES FOR SAID CITY. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the purchase of fire - fighting vehicles, including apparatus to be used in connection therewith, there are hereby authorized to be issued $880,000 serial bonds of the City of Ithaca, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $880,000 and that the plan for the financing thereof is by the issuance of the $880,000 serial bonds of said City authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; provided, however, that the maximum maturity of the serial bonds herein authorized shall not exceed ten years, and that, pursuant to Section 107.00(d) (4) of the Local Finance Law, no down payment is required in connection herewith. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such a manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. I S 31 October *4, 1989 Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said City is not authorized to expend 3. Such obligations are authorized in violation of the 1sd provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local �xy Finance Law. Alderperson Schlather gave background information on the Bond Resolution. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye money, or (400e Aye - Cummings (4wool 2. The provisions of law which should be complied with at - Killeen the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the 1sd provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local �xy Finance Law. Alderperson Schlather gave background information on the Bond Resolution. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski (400e Aye - Cummings Aye - Booth Aye - Killeen Aye - Johnson Ayes (10) Aye - Schlather Aye - Lytel Aye - Nichols Aye - Peterson Aye - Hoffman Carried Unanimously * 15.14 DPW - Increase Capital Project #211 By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Department of Public Works has established a program for the upgrade of its Computer System, and WHEREAS, the first phase of said program exceeds the amount previously established for this purpose in Capital Project #211 Computer Acquisition, by $9,000.; now, therefore, be it RESOLVED, That Capital Project #211, Computer Acquisition, be increased by $9,000, and be it further RESOLVED, That the purchase of such equipment be financed by the issuance of Bond Anticipation Notes. Carried Unanimously * 15.15 DPW - Authorize Release of Restricted Contingency Funds (4000" for Stewart Park By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That $40,000 be transferred from Account A1990, Restricted Contingency, to Account A7112 -435, Stewart Park Contractual Services, in the amount of $12,236 and to A7112 -483, Stewart Park Construction Supplies, in the amount of $27,764, in order to complete various Stewart Park Renovation Projects. Discussion followed on the floor on the improvements that are to be done. These include the bathrooms, roof on the boat house, asbestos removal, and sodding over the gabions. A vote on the resolution resulted as follows: Carried Unanimously 184 32 October V, 1989 * 15.16 DPW - Authorize Release of Restricted Contingency Funds for Youth Bureau Buildinq By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That $13,000 be transferred from Account A1990, Restricted Contingency, to Account A1623 -435, Youth Bureau Facility Contractual Services, in the amount of $3,000. and to Account A1623 -483, Youth Bureau Facility Construction Supplies, in the amount of $10,000., in order to perform acoustical ceiling improvements within said facility. Carried Unanimously * 15.17 DPW - Acquisition of Electronic Surveying Equipment from Various Capital Projects By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Engineering Department has determined that the acquisition of electronic and laser surveying equipment will improve efficiency significantly, and reduce staffing requirements in the performance of said duties; now, therefore, be it RESOLVED, electronic further RESOLVED, follows: That $20,000 be authorized for the acquisition of and laser surveying and related equipment, and be it That the funding of such purchase be A. Capital Project #225 Hudson St. Recon. B. Capital Project #223 Elm St. Recon. C. Capital Project #211 Computer Acquisition D. Transfer from Account A1990, Restricted Contingency for the Southwest Drainage Study to Account A1440 -225, Other Equipment, including authority to amend the Authorized Equipment List by such partial purchase Total financed as $3,000 3,000 4,000 10,000 $20,000 Carried Unanimously * 15.18 Finance Department - Authorization for Budget Transfers By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the City Controller be empowered to makes transfers within the 1989 Budget Appropriations as needed, for the remainder of the 1989 fiscal year. Carried Unanimously * 15.19 Finance Department - Authorization for Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Romanowski. WHEREAS, City Controller Dominick Cafferillo has been assigned to serve as Acting Purchasing Agent and has been directed to perform the full duties of the Purchasing Agent during the search for a new Purchasing Agent, and WHEREAS, while Etta Gray will not be expected to perform additional duties beyond her regular job assignment, her daily workload may increase due to the physical absence of the Purchasing Agent from the department; now, therefore, be it RESOLVED, That Etta Gray shall receive a temporary 10% salary increase (from $17,635 to $19,399) in recognition of the increased volume of her work, effective September 15, 1989 and continuing until a new Purchasing Agent is appointed. Carried Unanimously R5 33 October 14, 1989 * 15.20 Authorize Mayor to Sign Agreement for 1990 Cultural Services By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the City act as the sponsoring agency for a New York State Council of the Arts Decentralization Grant, which Grant will be used to improve the quality of existing programming of the Tompkins County Country Dances Organization. Carried Unanimously * 15.21 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That bills presented, as listed on Audit Abstract #18/1989, in the total amount of $33,340.08, be approved for payment. Carried Unanimously V * 15.22 A Local Law Amending Ithaca City Charter, Article IV Entitled 'Taxation and Assessment', Section 4.6 Thereof Entitled 'Purchase by City' - Lift from Table .? By Alderperson Schlather: Seconded by Alderperson Hoffman s r' LOCAL LAW NO. OF THE YEAR 1989 lz= A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED 'PURCHASE BY CITY' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF Section 4.6 (E) of Article IV of the Ithaca City Charter is hereby amended to read as follows: E. Purchase by City If there is no other bidder for any parcel of land duly advertised and offered for sale pursuant to this Section, it shall be lawful for, and the City of Ithaca, by the City Chamberlain or one of the Chamberlain's deputies, may bid in said parcel of land for the City of Ithaca pursuant to the same rules and regulations as to docketing, redemption and tax deed as herein provided. Notwithstanding the above the Common Council may by resolution authorize and direct the City Chamberlain, on behalf of the City of Ithaca, to purchase lands at the tax sale, without competitive bidding, for the gross amount due. SECTION 2. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously HUMAN SERVICES COMMITTEE: * 16.1 GIAC Renovations By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the Common Council performed a study of space allocation at GIAC and established a capital project to renovate the GIAC building in part because the Drop -In Children's Center (DICC) was seeking to become a fully licensed, full time operation, and WHEREAS, in August 1988 the DICC and GIAC signed a memorandum "to establish a partnership arrangement between the two parties for the provision of day care services," and WHEREAS, following the original architect's report the Acting Director of GIAC conducted a more detailed analysis of the space needs of its programs, and Is(,) 34 October 14, 1989 WHEREAS, as a result of the more detailed evaluation the GIAC Board has expressed concern about the ability of GIAC to continue to serve its current programs as well as expand into new areas as new needs develop, and WHEREAS, the Common Council concurs with the GIAC board that the GIAC building is in need of extensive general repairs and renovations and that a further study is needed, and WHEREAS, that without professional expertise the City finds itself unable to concur that the addition of an expanded day care operation would harm GIAC programs; now, therefore, be it RESOLVED, That the City wishes to continue to pursue the possibility of an expanded day -care operation at GIAC if it can be done without compromising GIAC's programs, and be it further RESOLVED, That the City requests the Community Dispute Resolution a more productive relationship, this purpose, and be it further that both organizations accept Center's (CDRC) aid in building and that $1000 be allocated for RESOLVED, That the Client Committee already established to work on the pool renovations be amended to include a representative from the DICC, but that when meeting on GIAC building renovations the representatives of the Cass Park Pool and Ithaca City School District not be included, and be it further RESOLVED, That the GIAC Renovations Client Committee and the Department of Planning and Development initiate the architect selection process for the building renovations, and be it further RESOLVED, That the architect be directed to review the program needs of both GIAC and DICC and with the aid of the mediator to help both sides determine if they can co -exist in the building, and be it further RESOLVED, That the City requests that the Ithaca City School Board make the Central School Building available for GIAC programs after school hours and during the summertime, and that this be pursued regardless of whether or not it is possible to accommodate an expanded day care operation at GIAC. Alderperson Peterson gave background information on the resolution and discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Romanowski, Cummings, Peterson, Hoffman, Killeen Nays (2) - Booth, Nichols Carried Johnson, Lytel, Motion to Extend Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council meeting be extended until 12:45 a.m. Carried Unanimously Handicapped Access - Report Alderperson Peterson reported that the Human Services Committee is working on the handicapped access issue. Meeting Date for Reproductive Choice - Report Alderperson Peterson reported that the meeting date for reproductive choice testimony has been set for October 30th. There will be more information forthcoming on this issue at a later time. Irn I.y .ti 35 L COMMI October �4, 1989 Senior Citizens Council Alderperson Killeen reported that in anticipation of changing leadership in Ithaca City government, the Board of Directors of the Senior Citizens Council at their September 21, 1989 meeting requested that the City of Ithaca continue their good faith efforts to help establish a new Senior Center, which as a first priority, is to be located within the City of Ithaca. Alderperson Killeen presented to Council demographic information indicating the number of senior citizens residing in the City and in the County, based upon registered voter data. Resolution to Common Council from the Conservation Advisory Council Regarding Transfer of Festival Lands to State Alderperson Johnson stated that he is going to take this resolution back to the CAC in light of the proposal that was made tonight by the Planning and Development Committee. Rental Housing Task Force Alderperson Killeen read the following report to Council: "Cornell today (10/4/89) briefed local officials and made public their extensive, year -long CRESAP Housing Study. The document indicates that Cornell has 6,900 beds occupied preponderantly by first and second year students. Only 12% of Cornell's beds are in Collegetown which students indicate is their preferred area of residence. The Study recommends Cornell add 1,600 new beds over the next 8 years at a cost of $68 million. As Cornell assesses this Study, a series of collaborative planning sessions with local officials are anticipated prior to a scheduled January 1990 report, possibly including action recommendations, to Cornell's Board of Trustees. Copies of the CRESAP Study will be made available to Common Council by the Planning and Development Director." UNFINISHED AND MISCELLANEOUS BUSINESS: Post Office Meeting Alderperson Lytel asked that Council set a date to meet with the postal official in regards to the re- location of the Ithaca Post Office workers. Three dates were suggested - October 16, 17 or 18th. Alderperson Lytel will contact the Postmaster and try to set up a date with him. EXECUTIVE SESSION: By Alderperson Cummings: seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss land acquisition. Carried Unanimously ADJOURNMENT: Common Council came out of Executive Session and on a motion the meeting adjourned at 12:45 a.m. Callista F. Paolangel City Clerk � rs'i t Regular Meeting PRESENT: Mayor Gutenberger (Wwo'� I Alderpersons (10) OTHERS PRESENT: 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. October 4, 1989 - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Schlather, Romanowski City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Nash Director, Planning & Development - Van Cort Police Chief - McEwen r- Personnel Administrator - Walker Building Commissioner - Datz Fire Chief - Olmstead Acting Superintendent of Public Works - Fabbroni City Chamberlain - Parsons Director, Youth Bureau - Cohen Board of Public Works Commissioner - Reeves Deputy Director, Planning & Development - Mazzarella PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the September 6, 1989 Common Council Meeting The approval of the Minutes of the September 6, 1989 Common Council meeting were postponed until the November 1, 1989 Common Council meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Lytel requested the addition of Item 16.4, Emergency Shelter at Southside - Resolution. No Council member objected. Planning and Development Committee Alderperson Cummings requested the deletion of Item 17.6(a), Industrial Zoning, I -1 - Negative Declaration Resolution. Alderperson Cummings noted that on Item 17.9, Festival Lands Resolution, there are a series of amendments. No Council member objected. Executive Session Alderperson Cummings requested the addition of an Executive Session at the end of the Council meeting to discuss land acquisition. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of a report from the Rental Housing Task Force. No Council member objected. 2 MAYOR'S APPOINTMENTS: Ithaca Housing Authority Mayor Gutenberger requested the approval the re- appointment of Frank Slattery, 960 the Ithaca Housing Authority with a term 1994. October 4, 1989 of Common Council for East State Street to to expire October 17, Resolution By Alderperson Johnson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the re- appointment of Frank Slattery to the Ithaca Housing Authority with a term to expire October 17, 1994. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: GIAC Improvements Diane Sams, addressed the Council regarding Human Services Committee agenda item 1, GIAC Renovations. She stated that the GIAC Board has also drafted a resolution and she urged the Council to take that resolution under consideration as well as the one from the Human Services Committee. Ms. Sams commented that the GIAC Board members will be holding an orientation session on October 19th and she extended an invitation to Council members and the Mayor to attend. Homeless Shelter The following persons spoke to Council regarding the City of Ithaca Homeless Shelter at Southside Community Center: Rev. Daniel Little, 1315 Hanshaw Road Terry Pasco, 121 Prospect Street Donald Woodman, Benjamin Hill Road, Newfield Susan LaBarre, 112 Cascadilla Street Alexandra Misita, 211 Anna Comstock Hall Gregg Spence Wolf, G3190 Pleasant Grove Road Festival Lands Doria Higgins, 2 Hillcrest Drive, appeared before Common Council on behalf of "Citizens to Save Our Parks" and read the following statement to Council: "A key issue involved in your vote tonight on the resolution concerning transfer of the Festival Lands at Cass Park to the Fingerlakes State Parks is whether or not the Festival Lands are now park land. Ralph Nash, City Attorney, has said if they are park land, eight votes would be needed to pass tonight's resolution. He, as you know, has asserted in a memorandum dated March 1, 1988, that the Festival Lands are not park land. However, that memorandum ignored the solid, indisputable facts which uphold the position that the Festival Lands are park land. The concept of "implied dedication of park land" is firmly established in New York State law. This concept means that land which has been commonly used as park land over a period of time earns, by virtue of such usage, the legal designation of park land, and the concomitant protection of such designation. A memorandum on the alienation of parks written by the City of New York Parks and Recreation (a document incidentally which we made available to Mr. Nash before he wrote his memorandum) describes implied dedication thus: "In summary, formal dedication of municipal property to a public use and/or continuous public use with the acquiescence of a municipality renders a park designation irrevocable until such time as the State Legislature authorizes its discontinuance." 3 October 4, 1989 That the Festival Lands have earned the designation of park land is supported by the following. First, most of our community thinks the Festival Lands are part of Cass Park and the community has. used it as a park for years. In fact, the yearly Kite Festival which is held on the Festival Lands is advertised in the local media as being held at Cass Park. Second, the Festival Lands over the past years have been mowed and maintained by City Parks maintenance crews thereby attesting to "the acquiescence of our municipality." About three years ago State Parks, when they started building their new sixth pier at the marina, took over the task of mowing and other maintenance. ** Third, the April 6, 1983 Common Council resolution which expressed "a willingness in principle to negotiate eventual sale" Fourth, there is even earlier evidence in the original 1967 tripartite agreement between the City, the State of New York and the Center for the Arts at Ithaca that the Festival Lands have become designated park land. The tripartite agreement, among other things, allocated the use and functions of the lands involved and the Festival Lands were intended to house the Center for the Arts and its theater; however, the Center and its theater never eventuated because of lack of funds. The tripartite agreement reads, "the City shall retain and develop for park and recreational purposes that portion of Cass Park and Old Municipal Airport property... not conveyed to the State or leased to the Center." Since the Festival Lands never were leased to the Center it seems clear that they became park land by reason of default of their original intended use. About 6 or 7 years ago part of the Festival Lands was roughed up by a bulldozer and dredge dumping, but the rest continued to be mowed. Since the other conditions of the 1967 agreement still prevail there is no reason why the above quoted condition should not also prevail. I'd like to comment briefly on City Attorney Nash's memorandum of March 1, 1988. That memorandum cites only three court decisions, all three of which were also cited in the New York City Parks memorandum which we had made available to him. However, they were cited by New York City Parks as examples of the legal validity of park land designation to land that has been used by a community as park land over an extended period of time. In other words, the court cases cited in Mr. Nash's own memorandum do not support his assertion that the Festival Lands are not park land. of the Festival Lands, itself acknowledged in the body of the (600" resolution that the Festival Lands has been designated as park adjoining the land. The sixth WHEREAS of that resolution reads, "WHEREAS, 2 these lands have recently been designated for use as playing the fact that the fields for women's athletic teams since relocation of the park land and have theater..." been so for years. Why destroy this beautiful promenade which is Fourth, there is even earlier evidence in the original 1967 tripartite agreement between the City, the State of New York and the Center for the Arts at Ithaca that the Festival Lands have become designated park land. The tripartite agreement, among other things, allocated the use and functions of the lands involved and the Festival Lands were intended to house the Center for the Arts and its theater; however, the Center and its theater never eventuated because of lack of funds. The tripartite agreement reads, "the City shall retain and develop for park and recreational purposes that portion of Cass Park and Old Municipal Airport property... not conveyed to the State or leased to the Center." Since the Festival Lands never were leased to the Center it seems clear that they became park land by reason of default of their original intended use. About 6 or 7 years ago part of the Festival Lands was roughed up by a bulldozer and dredge dumping, but the rest continued to be mowed. Since the other conditions of the 1967 agreement still prevail there is no reason why the above quoted condition should not also prevail. I'd like to comment briefly on City Attorney Nash's memorandum of March 1, 1988. That memorandum cites only three court decisions, all three of which were also cited in the New York City Parks memorandum which we had made available to him. However, they were cited by New York City Parks as examples of the legal validity of park land designation to land that has been used by a community as park land over an extended period of time. In other words, the court cases cited in Mr. Nash's own memorandum do not support his assertion that the Festival Lands are not park land. The facts presented in this statement make it clear that the Festival Lands long ago earned the legal designation of park land and the legal protection which accompanies that designation. And, as Mr. Nash has told us, if the land is park land you will need eight votes to pass the Festival Lands resolution before you All of us who love to walk to the lake shore along that part of (600" the Festival Lands which is a broad, green grassy boulevard adjoining the marina (the only pedestrian access to the lake on the west side of the inlet) are witnesses to the fact that the Festival Lands are daily used and enjoyed as park land and have been so for years. Why destroy this beautiful promenade which is a pleasure for everyone, all year long, just to accommodate 58 boat owners in the summer months? The facts presented in this statement make it clear that the Festival Lands long ago earned the legal designation of park land and the legal protection which accompanies that designation. And, as Mr. Nash has told us, if the land is park land you will need eight votes to pass the Festival Lands resolution before you 4 October 4, 1989 tonight, - that is to pass it legally and properly. In any event, aside from the important legal considerations, we are opposed to the transfer of the land for the purpose of enlarging the marina, because urwe ge o you on those grounds serve also not toevote public good, and g Y for the transfer. It is true that in one of those cases, Pearlman v. Anderson, the court ruled that the land in question was not park land. The New York City Parks memorandum, however, commented, "the result may have been different had there been stronger evidence of continuous public use sufficient to constitute an implied dedication..." Note: All Underlining in this statement added by the Citizens to Save our Parks Group. Octopus Vincent Fuchs, addressed Common Council regarding the issue o the Octopus and urged support of the A -1 alternative. Sciencenter Ilma Levine, 71 Brooktondale Road, read the following statement to Council on behalf of the Sciencenter: "I would like to express appreciation for the expedient manner in which the Northside City Lands Committee has been established and has undertaken the task of determining availability and appropriate uses for city owned Northside property, specifically the old sewage treatment site. We would also like to express appreciation to the DPW for the completion of its study on facility needs as an essential part of that planning process. We wish to emphasize our commitment to remaining within the city limits and our conviction that location of the Sciencenter and also of the Senior Citizens Center at the old sewage treatment site will be beneficial to the residents of the surrounding neighborhood as well as to residents of the rest of the city and the county. We would also like to draw your attention to the fact that orary limited p despite our temp space in Center Ithaca we are continuing to play a significant role in both informal and ently involved in after formal science education. We are curr school activities at school sites, and are completing g a science at Southside Community Center, place physical science written materials and supplies in every elementary school in the Ithaca district and that will be done by November 1st. Finally, on a lighter note, we would like to invite you all to attend a cold bloodied carnival, an event that will introduce you to radical reptiles and other fascinating October 29h andthfrIendly creatures. It will happen on Sunday, High School Cafeteria. Watch for further announcements. Thank you." Rental Housin Task Force Police Department Firearms H dro ower Resolution and 10 Sto Building on East State Street John Schroeder, 618 Stewart Avenue, 4th Ward Alderperson Candidate, spoke to Council on the suggested timetable that was appended to the Rental Housing Task Force report that was presented last Spring. The Task Force had recommended that there be action on a permanent Rental Housing Commission by now and that there be adoption of guiding principles for developing future housing in Ithaca. Mr. Schroeder stated that he thinks the citizens of Ithaca and particularly renters, deserve a report from the Planning and Development Committee as to what the D lr� 5 October 4, 1989 status of the Rental Housing Task Force Commission recommendations are. Mr. Schroeder spoke against the Police Department Firearms resolution that is on tonight's agenda. Mr. Schroeder also remarked on the proposed 10 story building on the site of the burned out building on West State Street. He said that the residents in his ward are very concerned that their views across the Ithaca valley are going to be irrevocably harmed by the construction of this building. He understands that the Planning and Development Committee had considered lowering the height of the zoning law in that area of the city and he urged expeditious action on that matter. Mr. Schroeder spoke in favor of the hydropower resolution that is in tonight's agenda. Festival Lands 2^ The following persons spoke to Council regarding the Festival Lands resolution on this evening's agenda: Charles Fitch, 484 Auburn Road, Lansing John Confer, Hammond Hill Road, Brooktondale Geoff Gooding, 105 Eddy Street Guy Gerard, 190 College Avenue Judy Rossiter, 301 Clinton House Betsy Darlington, 204 Fairmount Avenue Dr. Todd Engstrom, 196 Stevenson Road David Nutter, 656 Five Mile Drive Gossa Tsegaye, 408 East State Street Jules Burgevin, 117 Muller Facility Center Ashley Miller, 343 Iradell Road Jane Pederson, Elmwood Avenue Rick Bonney, Barnes Hill, Newfield Caren Smiley, P.O. Box 101, Ithaca Frederick R. Adler, 400 East Upland Road Allison Wells, G -3 190 Pleasant Grove Road Dave Garcia, 715 East Buffalo Street Legislative Update of Upcoming Meetings Martin Luster, Assemblyman, addressed Council and announced that on October 25th, Assemblyman Paul Harenberg, the Chairman of the Committee on Aging will be in Ithaca for a full day with a variety of events. On November 16th, at 7:00 P.M., Assemblyman Larry Bennett will be in town to convene a meeting of the Subcommittee on Small Cities of the New York State Assembly. Mr. Luster also reported that on December 12th the New York State Assembly Task Force to strengthen New York's work force will convene a symposium here in Ithaca. Hydropower - Van Natta Dam Bill Allen, New Woodstock, New York spoke to Common Council on the resolution on hydropower that is on tonight's agenda. He stated that he is a small hydro developer and he has been following this project since 1984, has attended most of the Hydro Commission meetings and some of the Council meetings. Mr. Allen stated that he had made an offer to purchase that property in 1986 which received no response. He said he submitted a proposal to the city's RFP to put up all the money, build it to the city's specifications and give the city a percentage of the gross revenue of that project. No counter offer was made to his proposal and no one from the Proposal Review Committee has contacted him and no notification was given to him that all the proposals had been rejected. Mr. Allen asked that if the city is going to surrender the exemption, are they going to negotiate with him or someone else on the use of the property and the water rights? If so who does he talk to and what terms does the city want? Mr. Allen 6 October 4, 1989 commented that if Council passes this resolution tonight he would like to see a date put on that surrender so he can file his own license application for that site. Senior Citizens Center Valorie Rockney, 304 Linn Street, representing the Senior Citizens Council, spoke to Council regarding the Senior Citizens search for a new Center. She thanked Council for their support and encouragement. The Senior Citizens Council has been very pleased so far with the efforts of the Committee for Land Use on the Northside. The Senior Citizens Council wishes to continue to express their interest in having the new Senior Center located in Ithaca, particularly on the Northside DPW site. Employment Legislation - Postal Workers Coert Bonthius, Tompkins /Cortland Labor Coalition, thanked the Council, the Mayor, Assemblyman Luster and everyone else who came out to rally and support the postal workers last week. As a result of that rally and the pressure from the community, including the Town, the County, and the Common Council, the postal service has agreed, through its Postmaster Carl Anderson, to set up a meeting with community, political, and union leaders to talk about this relocation and explain it. Mr. Bonthius urged the Council to set some dates tonight and follow through on this with the Postmaster. Mr. Bonthius also spoke on the issue of economic and development problems that the City of Ithaca and the County are facing. He passed out to Council members a County resolution regarding a jobs policy for Tompkins County. He asked Council to consider introducing the same legislation. Baling Station -.Commercial Avenue Site The following persons spoke regarding the County's proposal for a baling station at the Commercial Avenue site and the Industrial Zoning Resolution that is on tonight's agenda: Fred Remillard, Owner McDonalds, Elmira Road Kathryn Wolf, Trowbridge Associates, representing the Elmira Road Merchants Association Paulette Mano, 5 Westwood Knoll Rick John, Thaler and Thaler Law Firm Henry Vaughan, 304 Eastwood Avenue Emergency Shelter at Southside Community Center George Hagood, 501 west Green Street, spoke against the emergency shelter being at the Southside Community Center. He feels that the Southside Center should be used for programs for the teenagers and the children of that area - not to house the homeless. Although he agrees there should be a homeless shelter he does not feel Southside Center is the right spot for it. Community Access Channel on Cablevision Bill McCormick, Ithaca, addressed Council on the problems that have developed with the community access channel. He explained that the access channel is governed by the franchise between the cable company and the City of Ithaca and he asked that Council take a good look at that franchise as there are problems that should be looked at. Route 96 George Frantz, 5 -A westwood Knoll, presented Council an amendment to the resolution endorsing Alternative A /Optional 89 Alignment. He urged Council to support the amending resolution. RESPONSE TO THE PUBLIC: Post Office Jobs Alderperson Lytel suggested that Council should take the Postmaster up on his offer to meet with them regarding the issue of relocation of the Ithaca postal workers. i J ;I VA October 4, 1989 Alderperson Nichols spoke on the matter of preserving jobs and apprenticeship programs in the community. He stated that he will be presenting the matter to the Human Services Committee at their next meeting. HUMAN SERVICES COMMITTEE: * 16.4 City of Ithaca Emergency Shelter at Southside Community Center By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, at its meeting of September 6, 1989 the Common Council allocated $12,750 from unrestricted contingency in the 1989 fiscal year budget for the operation of an Emergency Shelter at the Southside Community Center, this being the complete amount requested by the Southside Center for the operation of the shelter from the beginning of October to the end of December 1989, and V-- WHEREAS, after considerable debate the Council failed to make an C► explicit commitment to fund the program from January to March 1990 because it has not yet considered the 1990 budget and because it wished to seek funding from other sources before making that commitment, and WHEREAS, without such a commitment the Southside Center Board in a letter to Council dated October 2, 1989 announced that it would not open the shelter; now, therefore, be it RESOLVED, That the City of Ithaca reaffirms its support of the Emergency Shelter at Southside, and that if McKinney Act, United Way, and County DSS monies are not forthcoming or not sufficient the City will act as the funding agency of last resort for the remaining $12,750 necessary to operate the shelter from January 1 to March 30, 1990. Alderperson Lytel stated that the Southside Center Board does not wish to begin a program if there is a possibility that it may be orphaned in the middle of the year. He said that he can report some progress in securing the other half of the funding from other sources. The Tompkins County EOC has considered and unfortunately tabled the resolution but they will consider once again meeting the other $12,750. Alderperson Lytel stated that if Council passes this resolution, we will be back on track. The shelter will be in a position to be opened and we can then go back to EOC and try to get the McKinney Act money from them and go to the County Board of Representatives and try to get a guarantee of funding from them. Alderperson Peterson noted that this is not the Southside's Emergency Shelter. This is a shelter that the City asked Southside to accommodate within their own programs, within a building where they already had community programs, and it is the City's responsibility and the City's choice whether to consider this shelter operative for this winter season. Alderperson Booth asked Alderperson Schlather what the Council (4wo" can commit themselves to tonight absent the kinds of decisions that will be made in December on the budget. Alderperson Schlather responded that sometimes the City can purchase services beyond the present funding year. He would think that if the Council makes this commitment this evening, they are bound to come up with funds in the next budget year. He explained the methods that can be used for this type of service. Alderperson Schlather further stated that his concern is that there are, with rare exceptions, no other human service agencies in town that require the City to commit to funding for more than the existing budget year. He feels that for Southside to take the position that they will not operate this shelter unless the City gives them a commitment through next Spring, places them in (' 8 October 4, 1989 a position that is different than any other human service agency in the City. Alderperson Schlather stated that he believes it is unwise for Council to make that kind of a commitment - he thinks Southside had the assurances of record last time. In terms of the City's willingness that this program succeed, many of the Council were quoted in that regard and politically, morally and as a matter of common sense, Common Council would not let Southside down. Alderperson Schlather commented that as a matter of sound fiscal and future procedures in terms of the operation of this Council, he cannot support this kind of a guarantee. Mayor Gutenberger reiterated that this Common Council cannot make commitments for 1990 dollars until they have seen the budget. He said that the budget should be ready within the next two weeks and he can tell the Council that for every single penny that they decide to spend they are going to have to take away from somebody else. He urged Council not to make decisions now, without having all the information before they begin spending dollars in 1990. He stated that it is not going to be a good budget year. Mayor Gutenberger stated that he agrees with Alderperson Romanowski that the County should be involved in this - the Council should not even be discussing this - it is a County function. However, the reality is that it is here and he urged the Council not to make the mistake by promising people something that the City may not be able to deliver. He said that the Council is going to have a hard time even providing the level of services to the taxpayers of this community that is now being provided without taking on anything additional. Alderperson Hoffman asked City Attorney Nash if there has been progress on a contract for this service. Atty. Nash said he has not been directed to work on a contract at this time. Alderperson Hoffman proposed an amendment that the money be taken from Unrestricted Contingency and placed in Restricted Contingency for this purpose from the 1989 budget. There was no second to Alderperson Hoffman's proposed amendment. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That in the Resolved clause, in the fourth line, all language after "the city, etc..." be stricken and the following language be substituted: "the City will make every reasonable effort to provide $12,750 necessary to operate the Shelter from January 1 to March 30, 1990 subject to the City's 1990 budget constraints." Discussion followed on the floor on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (6) - Schlather, Romanowski, Johnson, Booth, Hoffman, Mayor Gutenberger Nays (5) - Peterson, Lytel, Cummings, Nichols, Killeen Motion Carried (6 -5) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.9 Festival Lands By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca and the Office of Parks, Recreation and Historic Preservation entered into an agreement on March 21, P] 9 October 4, 1989 1985 that provided recreational facilities for the city's use, and WHEREAS, State Parks is interested in developing additional recreational facilities including a seventh and final shoreline pier with slips on one side only, and picnic area at Allen H. Treman State Marine Park and hiking /biking trail commonly referred to as the Cayuga Inlet Trail, and (4moo� WHEREAS, State Parks has agreed to satisfactorily complete all the requirements of the State Environmental Quality Review as it relates to such development at Allen H. Treman State Marine Park, and WHEREAS, State Parks has mutually agreed with the Tompkins County Environmental Management Council as described in the documents on the boundaries and future protection of the wetlands area commonly referred to as Hogs' Hole, and WHEREAS, State Parks has further agreed to continue to make available certain ball fields at Buttermilk Falls State Park for an additional five -year period of time with options to renew such license for four additional five -year periods of time, and WHEREAS, State Parks has agreed to adopt a mowing policy for the land presently owned by the city that will insure the continued use of that area as a nesting, resting and feeding place for migratory birds, and WHEREAS, State Parks has agreed to locate the access road along the northerly edge of the Marina basin, replicating the layout of the southerly Marina drive per map dated October 3, 1989, and WHEREAS, State Parks has further agreed that the northwestern parking lot and comfort station will be dropped from this proposal, and WHEREAS, disposition of city property is a Type 1 action requiring environmental review and Common Council cannot take action to transfer property until the environmental review process is completed; now, therefore, be it RESOLVED, That the Common Council does approve for submission to environmental review the above described proposal as shown on the map dated October 3, 1989 to transfer ownership of the city -owned land commonly referred to as the Center for the Arts parcel to New York State Parks for recreational purposes in accordance with the March 21, 1985 agreement and the aforementioned conditions agreed to by New York State Parks. Alderperson Cummings explained that what is being discussed here is city owned land - the Festival Lands. Those lands do not touch the water edge. In referring to a large map that was on the wall, Alderperson Cummings pointed out that Hogs' Hole and the adjacent area are all the State's land currently. Alderperson Booth stated his reasons for opposing what he called (,,woe "a new proposal" that has been presented to the Council this evening. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Festival Lands resolution be referred back to the Planning and Development Committee for review and report back to Common Council. Discussion followed on the floor. 10 October 4, 1989 A vote on the motion to refer resulted as follows: Ayes (2) - Johnson, Booth Nays (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman, Nichols, Peterson, Killeen Motion Defeated Main Motion Discussion followed on the main motion. Mr. Mazzella responded to questions regarding this new proposal. He assured Council that State Parks will enter into a binding agreement regarding Hogs' Hole boundaries and that this half pier is the final pier. Alderperson Hoffman asked that the first 'Whereas' be deleted as there seems to be considerable debate and confusion regarding this. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the first Whereas clause be deleted from the resolution. A vote on the amending resolution resulted as follows: Ayes (3) - Johnson, Booth, Hoffman, Nays (7) - Schlather, Cummings, Killeen, Lytel, Nichols, Peterson, Romanowski Motion Fails Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That the first Whereas read as follows: "Whereas, the Mayor of the City of Ithaca and the Office of Parks, Recreation and etc...." Ayes (5) - Hoffman, Booth, Cummings, Johnson, Peterson Nays (6) - Schlather, Romanowski, Killeen, Lytel, Nichols Mayor Gutenberger Motion Defeated Discussion followed on what entity should be the lead agency for environmental review. City Attorney Nash explained the procedure for environmental review. When two agencies are involved, only one agency can be named the 'lead agency.' Alderperson Booth requested that Atty. Nash check the City Ordinance and State regulations. If the State issues a Negative Declaration there may be an opportunity for the City to make a decision on the propriety of a negative declaration. He further pointed out that if the State does an Environmental Impact Statement then the City has to make some findings which are completely independent of the State's findings. The City's findings are not in any way bound by the State's findings. Alderperson Hoffman stated his belief that the City should be directing the Environmental Review as this is our land. We should not be turning over Environmental Review to the agency that wants to develop that land. Further discussion followed on Environmental Review. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the Resolved clause read as follows: "Resolved, That Common Council does approve for submission to environmental review (with Common Council as the lead agency) the above described proposal, etc...." 11 October 4, 1989 A vote on the amending resolution resulted as follows: Ayes (6) - Hoffman, Nichols, Johnson, Booth, Lytel, Peterson Nays (4) - Schlather, Romanowski, Cummings, Killeen Carried Main Motion as Amended (400e Further discussion followed on the floor on the Main Motion as Amended. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, that in the second Whereas clause, the words "and hiking /biking trail commonly referred to as the Cayuga Inlet Trail" be stricken. (� I CC) 1.0 Ayes (2) Nays (8) - Johnson, Booth - Schlather, Killeen, Romanowski, Peterson, Nichols, Cummings Motion Fails Lytel, Hoffman, Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the third Whereas clause in its entirety be stricken from the resolution. Ayes (3) Nays (7) - Johnson, Booth, Hoffman - Schlather, Romanowski, Peterson, Killeen, Cummings Motion Fails Lytel, Nichols, Amending Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the fourth Whereas clause, in its entirety, be stricken from the resolution. Aye (1) - Booth Nays (9) - Killeen, Johnson, Nichols, Schlather, Lytel, Cummings, Peterson, Hoffman, Romanowski Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the fourth Whereas read as follows: "State Parks will hopefully agree with the, etc....." Ayes (4) - Booth, Johnson, Hoffman, Peterson Nays (6) - Schlather, Romanowski, Lytel, Nichols, Killeen, Cummings Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Cummings, Nichols, Lytel, Schlather, Killeen, Peterson, Hoffman, Johnson, Romanowski Nay (1) - Booth Carried Recess Common Council recessed at 10:30 p.m. and reconvened in regular session at 10:45 p.m. Mayor Gutenberger left the meeting at 10:30 p.m. The remainder of the meeting was chaired by Acting Mayor Killeen. 163 164 12 October 4, 1989 *17.6b Industrial Zoning - Amendment to Zoning Ordinance By Alderperson Cummings: Seconded by Alderperson Schlather RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on November 1, 1989 at 7:00 P.M. and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Ayes (8) - Schlather, Romanowski, Lytel, Cummings, Nichols, Johnson, Peterson, Killeen Nays (2) - Booth, Hoffman Carried ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30. 1. That Column 2, Permitted Primary Uses, is hereby amended to read as follows under the "I -1" use district (deletions are bracketed; additions are underlined): 1. Any use permitted in B -5 district, except that dwelling units are prohibited. 2. [Any use not permitted in any other district including] Industrial, warehousing, wholesaling, storage and handling of bulk goods (not including rubbish, other than that incidental to the primary use of the property, as defined in Chapter 69, Section 69.1 N), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use not permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with Section 30.26 and Section 30.41 Special Performance Standards and concurrence by the Common Council. 9 6WR 4. SECTION 2. 13 October 4, 1989 All uses must conform to special performance standards governing establishment of industrial uses (See Section 30.41). AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C)(1) is hereby amended to add the (W,V.e following: p_ Any use not permitted as of right in the I -1 zoning district. SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C) is hereby amended to add Subsection 5 as follows: 5. In the I -1 zone, uses other than those permitted under Section 30.25 may be permitted by special permit upon a finding by the Board of Zoning Appeals and concurrence by the Common Council that such use shall have no significant negative impact by reason of noise, fumes, odors, vibration, noxious or toxic !..! release, or other conditions injurious to the health or general welfare of the public. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. * 17.7 Central Processing Facility - Draft Environmental Impact (600e Statement By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, the Draft Environmental Impact Statement (DEIS) prepared for the Central Processing Facility (CPF) on the Commercial Avenue site misrepresents the City of Ithaca's concurrence with the selection of the site as the "alternative preferred site" in March 1989, and WHEREAS, the DEIS mistakenly infers that because the City zoning ordinance authorizes transfer stations for recyclable materials for this zone that this garbage baling station fits within this definition, and WHEREAS, the DEIS is incorrect in asserting that the proposed CPF at the Commercial Avenue site complies with current zoning regulations in the City, and WHEREAS, consideration of alternative sites is noticeably deficient, and WHEREAS, the City has appreciable concern for environmental impacts such as wetland encroachment, air pollution, noise, odor, the potential pollution of an underwater aquifer, and the handling of toxic wastes that have not been adequately acknowledged or mitigated in the DEIS, and h WHEREAS, the DEIS does not adequately address the need for buffering the CPF site from its commercial neighbors and from the adjacent Southwest Park, and WHEREAS, the DEIS does not accurately represent the economic impact of the placement of the CPF at the Commercial Avenue site, now, therefore be it RESOLVED, That the City of Ithaca finds the DEIS to be in need of substantial revision and calls upon Tompkins County not to adopt this document as a final Environmental Impact Statement. 166 14 October *4, 1989 Discussion followed on the floor regarding the DEIS conducted by the County. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the third Whereas clause be stricken from the resolution. Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Romanowski, Killeen, Nichols, Lytel, Peterson, Johnson, Cummings Motion Fails Main Motion Further discussion followed on the main motion. A vote on the Main Motion resulted as follows. Ayes (9) - Schlather, Romanowski, Lytel, Cummings, Nichols, Killeen, Johnson, Peterson, Hoffman, Killeen Nav (l) - Booth Carried * 17.8 Route 96 By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has received and reviewed the draft Environmental Impact Statement for the various Route 96 /Octopus alternatives, and WHEREAS, the City has received the New York State Department of Transportation's recommendation that Alternative A be the preferred alternative for this project; now, therefore, be it RESOLVED, That the City of Ithaca rejects New York State Department of Transportation's selection of Alternative A for the following reasons: 1) This Alternative would result in the taking or relocation of nine homes on Cliff Street. The destruction of these homes would reduce the supply of housing affordable to low and moderate income households, cause a loss of taxes to the City of Ithaca, and take a very high toll on the individuals and families who would be uprooted by this taking or relocation. 2) A substantial portion of the park land that would be taken by Alternative A - Optional 89 Alignment, has never been developed for park purposes. The City has recognized that some of these lands may have more appropriate use than as park land, and be it further RESOLVED, That the City does hereby endorse Alternative A- Optional 89 Alignment and requests that DOT implement this Alternative at the earliest possible time. The City makes this recommendation for the above stated reasons and because it believes that Alternative A- Optional 89 Alignment preserves the following future options: construction of an emergency vehicle route that connects directly to the hospital, construction of an overpass over the Conrail tracks, separation of Route 89 traffic from Route 96 via a Route 89 connection at Esty Street, and the diversion of traffic off Cliff Street through construction of a northern connection from Route 96 to Route 89. Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Schlather RESOLVED, That there be a further Resolved added to the resolution to read as follows: J 19 15 October 44, 1989 "RESOLVED, That, if the Department of Transportation agrees with the City's position as stated in this resolution or if it continues with its Alternative A proposal, it fully investigate the feasibility and cost of relocating those homes on Cliff Street slated for removal under the Cliff Street alignment proposed in its Alternative A onto new foundations further back on their existing lots, and locate the sidewalk proposed to run (Wooll along the newly widened Cliff Street at the base of the embankment to be created under said Alternative A alignment, and further that a landscape screen sufficient to buffer the relocated homes from the newly widened Cliff Street be included in the design of the improvements to the street, as sketched in the drawing dated September 22, 1989, with the further clarification that the cul -de -sac be eliminated and instead connect directly to Route 89 /Park Road." Discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Carried Unanimously 3 A vote on the Main Motion as Amended resulted as follows: 4 -, Carried Unanimously Motion to Extend Meeting By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That this Common Council meeting be extended until 12:00 midnight. Carried Unanimously REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: (Woo� Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: 1. In June the Board received a proposal from CNG Transmission Corp. requesting a 50 -foot right -of -way to construct a gas pipeline through the city watershed. For various reasons the request was denied by the Board. CNG has now come back to the Board with a new proposal which would allow construction 50 -feet east of the centerline of the present 150 -foot NYSEG right -of -way thus eliminating the amount of clearing which would affect the quality of the city's wooded area. They also agreed to bury the pipeline 8 to 9 inches under Six Mile Creek, thus allowing the removal of gravel to be continued. That resolution was passed by the Board on September 27, 1989. 2. Discussion was held on September 23rd at the Committee of the Whole meeting with City Traffic Engineer Frank Gombas regarding the improved signalization for the Octopus. Through a subsequent resolution a letter was written to the State DoT to enlist their aid and a response has been received from DoT asking for information that is needed for (400,11 a proper evaluation. 3. The matter of the Treman Marina is still being discussed by the Board with no conclusions reached. However, it was felt that with expertise of the Park Commission personnel, concerns raised by individuals as well as various community groups, Common Council and the Board of Public Works, that through negotiations a compromise could be reached that would be satisfactory to all. CITY ATTORNEY'S REPORT: Alderperson Lytel stated that the Red Cross had a variance to extend their shelter. It expired and they went back the Board of Zoning Appeals for another one. The BZA refused the Red Cross. The Red Cross challenged it and now the BZA wishes to pursue it 168 16 October 44, 1989 in court. He asked City Attorney Nash at what point in this process does the Council say to the City Attorney that the Council does not wish to see this pursued in Court. City Attorney Nash stated that he will look into the matter and report back to Council at the November meeting. PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Van Natta Dam By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, a Request For Proposals for private hydropowP development of the Van Natta Dam was issued, and WHEREAS, the proposals received in response to said RFP have not demonstrated a sufficient benefit to the City of Ithaca, and WHEREAS, new monitoring requirements and enforcement provisions being effected by FERC, place an increased burden of liability on the city as the holder of the FERC Exemption on this project, and WHEREAS, the city would be afforded some opportunity to influence the form of development of the site by a private entity through the FERC licensing process and /or negotiations concerning the transfer of property and water rights held by the city at the site; now, therefore, be it RESOLVED, That Common Council does reject all proposals received in response to the RFP to develop the Van Natta Dam under the city Exemption, and, be it further RESOLVED, That the FERC Exemption held by the city for such project be surrendered prior to the March 1990 deadline for beginning construction. Alderperson Hoffman stated that in regard to the questions from Mr. Allen, who addressed Council this evening, the City had a very specific Request for Proposals. The City did not receive all the information requested from Mr. Allen or any of the other parties. There was a second request made by the City and still the information was not forthcoming in order for the City to make a decision. Nevertheless, the Committee the Council set up did consider the proposals that were received. He said that it is the committee's belief that there are two reasons for rejecting them. The first is financial: payments to the City would be only $3 -4,000 per year, while the City would still have significant potential liability, as holder of the license. The second reason was that the City Attorney said that it may be legally problematic for the City to turn over the operation of a plant to a private contractor when the City had used municipal preference to acquire the exemption in the first place. Based on those considerations the recommendation of the committee was to give up the exemption; the Planning Committee concurred. City Planner Jones and City Attorney Nash answered questions from Council members. Alderperson Booth asked Alderperson Hoffman to state for the record what the significance is of the City giving up that exemption. Alderperson Hoffman stated that if the City gives up its exemption, which we would have to exercise by March 1990, we would then open up the site for potential requests for hydropower development by any other party. That request would have to go through FERC and the City could become an involved party to any requests since the City owns all the land and water rights in question. The City could make a case as to the conditions under which any other hydropower license would be granted. Presumably, we would ask for the same conditions that (), it l 17 October t4, 1989 were applied to the City's exemption in terms of minimum flow needed to be maintained in the creek and the treatment of the facade of the building which would be used for hydropower. The committee's feeling was that many of the concerns that the City had could still be addressed because the City would have a prominent role. Alderperson Hoffman further stated the City, as owner of the land (400"11 and water rights, would have to be approached by a private developer for lease or sale of the land and that would give the City some leverage in that situation. A vote on the resolution resulted as follows: Carried Unanimously * 17.2 Ithaca Falls - Hydropower �( By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, a primary motive in the city's effort to construct a hydropower facility at Ithaca Falls has been to preclude "uncontrolled" development at the site by private parties, and 1 WHEREAS, recent information as more fully set forth in a letter < dated 7/14/89 from DEC to Attorney Nash; letter dated 8/10/89 from FERC to Attorney Nash and letter dated 9/5/89 from DEC to Margaret Fabrizio, Fall Creek Conservation Committee, has affirmed that designation of Fall Creek as a State Recreational River will provide definite protection against development of the Ithaca Falls for hydropower by any party other than the city; now, therefore be it RESOLVED, That Common Council does hereby reaffirm its support of designation of Fall Creek as a New York State Recreational (4000� River, and its willingness to work with Representatives Martin Luster and James Seward to develop appropriate legislation, and be it further RESOLVED, That Common Council does hereby direct staff to provide support services to facilitate the designation process, including mapping of proposed boundaries within the city. Such services shall take priority over hydropower development for at least 30 days. Discussion followed and City Planner Jones answered questions from Council members. A vote on the resolution resulted as follows: Ayes (6) - Hoffman, Booth, Nichols, Johnson, Peterson, Lytel Nays (4) - Romanowski, Killeen, Schlather, Cummings Carried CHARTER AND ORDINANCE COMMITTEE: * 14.1 Amendment of the City's Cable Franchise Agreement with American Community Cablevision Respecting the Franchise's Existing Prohibition on Advertising and /or Endorsement of (Wwooe Political Candidates By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pending the City Attorney's review of applicable federal and state laws and subject to agreement by American Community Cablevision, the Common Council does hereby approve amendment of the Cable Franchise Agreement with American Community Cablevision, Article XIV, Section 14.3(D) thereof, to remove the prohibition on advertising and /or endorsement of political candidates. Said provision shall, after amended, read as follows: "Designated channels shall not be used for the promotion or sale of commercial products or services." 170 and be it further October *4, 1989 RESOLVED, That this resolution shall take effect on January 1, 1990. Amending Resolution By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the effective date of the resolution shall be upon agreement by American Community Cablevision. City Attorney Nash referred to the ruling that was made by the State Cable Commission on the City's franchise renewal and in light of that he feels that the City should amend the language of the franchise now. Further discussion followed on the amendment. A vote on the amending resolution resulted as follows: Ayes (3) - Lytel, Peterson, Hoffman Nays (5) - Schlather, Booth, Cummings, Killeen, Johnson Abstentions (2) - Nichols, Romanowski (conflict of interest) Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Nichols, Hoffman, Johnson, Cummings, Lytel, Peterson, Killeen, Booth, Schlather Abstention (1) - Romanowski (conflict of interest) Carried (9 -0) Motion to Extend Deadline of Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the deadline for this Common Council meeting be extended until 12:30 a.m. Ayes (7) - Cummings, Schlather, Romanowski, Killeen, Lytel, Hoffman, Booth Nays (3) - Nichols, Peterson, Johnson Carried * 14 2 Approval of Board of F Regulation Respecting Annual Revie By Alderperson Booth: Seconded by RESOLVED, That Common Council does Board of Public Works' amendment 245.39 -a Part III, Section 1, Regulations as follows: blic Works' Amendment of its of Sewer Charqes Alderperson Schlather hereby endorse and approve the of paragraph 3 of subsection Item 1.1 of its Rules and "The user charges shall be reviewed annually and the rates revised as necessary to insure that adequate revenues are generated to pay for the cost of operation and maintenance, including replacement." Carried Unanimously * 14.3 Amendment to Chapter 30, Entitled 'Zoning', of the CitY of Ithaca Municipal Code Pertaining to the Establishment of a New R 2c Zoning District - Resolution to Proceed to Public Hearing By Alderperson Booth: Seconded by Alderperson Nichols RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of lwt N i .h 19 October 44, 1989 the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, November 1, 1989 at 7:00 P.M, and be it further RESOLVED, That the City by the publication of specifying the time when will be held, and in ordinance. Such notice days prior to the public Clerk give notice of such public hearing a notice in the official newspaper, and the place where such public hearing general terms describing the proposed shall be published once at least fifteen hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.31 30.21, 30.25 and 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York that an ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be adopted, as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family ", Section 30.3(24), shall be amended as follows: [ "Dwelling, one - family" shall mean a building containing not more than one dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or by an individual or family and not more than two (2) unrelated individuals if owner occupied in R -1 zones. In R -2 and R -3 zones, a one - family dwelling may be occupied by an individual or family and not more than two (2) unrelated individuals.] "Dwelling, one - family" shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. Ill. II.A. One - family detached dwelling. 171 172 20 October VA, 1989 B. One - family detached dwelling, zero -lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. I I I Ill II B One - family detached dwelling, zero lot line C. One- family semi - detached dwelling - A building containing not more than two one - family dwellings, each of which shares a party wall or other common structural elements with the other dwelling unit in the building. - -- --� ❑ ❑ .❑ ❑ Ill II. C. One - family semi - detached dwelling. D. One- family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) one - family dwelling units may be attached to form a single building. Do 0 I Ill II. D. One- family attached dwelling. 2. That a new definition for "Occupant" be added to Section 30.3 as follows: 104. "Occupant" (in R -2c zones only) A "Occupant" (in R -2c zones only) shall mean a person that is permitted to occupy a dwelling unit or building in an R -2c zone The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: i I i 21 October 4, 1989 1. In R -2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table: a. Sleeping room, minimum sq. ft. Number of Persons 1 2 3 4 or more ----------------------------- 80 120 180 240 plus 60 for each addtl. b. Dwelling unit (other 150 250 350 than kitchen), minimum sq. ft. person 450 plus 100 for each addtl. person 4 2. In any other lodging units maximum number of occupants shall permitted in R -2c zones, the be limited to the number u determined on 3. In dormitories, the same basis as for dwelling units. buildings in R -2c zones, occupied as clubs, sorority or fraternity houses, cooperative houses, persons and providing sleeping accommodations for more than five (5) persons, the maximum number of occupants so accommodated in any contrary, once habitable room shall be limited to the number determined on the dwelling unit is constructed and legally basis of the floor area, in square feet, of the room divided by not include additional sixty (60) square feet per occupant. children B. Nothina herein shall be construed to limit the maximum size of anv room in a dwellinq unit. Bedrooms that exceed the SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." minimum square footage in the above chart may not sleep more persons unless the appropriate lot size requirements are met. C. Notwithstanding anything herein to the contrary, once an R -2c dwelling unit is constructed and legally occupied, the term "occupant" shall not include additional minor dependent children that are added to a household. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." 1711 22 October 4, 1989 D. Under Column 2, Permitted Primary Uses, for the R -3 districts, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." E. Under Column 2, Permitted Primary Uses, for the R -U district, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add 1'3. R -2c only: Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling." 2. For the R -1b zone, delete "One- family dwelling" and add "One- family detached dwelling." 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add "2. One - family attached dwelling, new const.: 6,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 7. For the R -3a zone, renumber existing item 112." to 113.11. 8. For the R -3a zone, add "4: One - family attached dwelling, conversion: 7,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 9. For the R -3a zone, renumber existing items 113.11, " 4 . " and 115.11 t o " 5 . " , " 6 . " and "7.". 10. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling." 11. For the R -3b zone, add "2. One - family attached dwelling, new const.: 3,500 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 12. For the R -3b zone, renumber existing item 112." to "3.". 13. For the R -3b zone, add 1'4. One- family attached dwelling, conversion: 4,000 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 1_'7 5 23 October 4, 1989 14. For the R -3b zone, renumber existing items "3.", " 4 . " and " 5 . " to " 5 . " , 116.11 a nd " 7 . " . 15. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 16. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". 17. For the R -U zone, add "3. One - family attached dwelling: 16,500 for first 1 - 3 units plus 1,500 for each add'1 unit." 18. For the R -U zone, renumber existing items 113.11, " 4 . " and " 5 . " to " 4 . " , " 5 . " and " 6 . " . 0 H. Under Column 61 Minimum Lot Size, Area in Square Feet add under a new subdistrict heading "R -2c" as follows: detached or semi- detached dwelling or [_?) "1. One - family detached dwelling: 2500 for first '. occupant, plus 500 for each additional occupant. and add "One- 2. One - family detached dwelling, zero -lot line: detached 2,500 for first occupant plus 500 for each additional occupant. 3. One- family semi - detached dwelling: 2000 for first occupant in each dwelling unit plus 400 for each additional occupant in each dwelling unit. 4. one - family attached dwelling: 1500 for the first occupant in each dwelling unit plus 300 for each additional occupant in each dwelling unit plus 500 for each additional occupant in each dwelling unit in excess of five (5) occupants. 5. Two - family dwelling: 2000 for first occupant in each dwelling unit, plus 400 for each additional occupant in each dwelling unit. 6. Other uses: 4000." I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling ". 2. For the R -lb zone, delete "One- family dwelling" and add "One- family detached dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 117f; W VIA L. 10 24 October 4, 1989 8. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 9. For the R -3b zone, add 112. One- family attached dwelling: 40." 10. For the R -3b zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and 115.11. 11. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 12. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". 13. For the R -U zone, dwelling: 125." 14. For the R -U zone, 114.11 and " 5 . " to 114 Under Column 7, Minimul Street Line, add under a as follows: add 113. One- family attached renumber existing items "3.", " r If 5. " and 116 " n Lot Size, Width in Feet at new subdistrict heading "R -2c" "1. One - family detached dwelling: 40. 2. One - family detached dwelling, zero -lot line: 35. 40. 3. One - family semi - detached dwelling: 50. 4. One- family attached dwelling: 50. 5. Two - family dwelling: 50. 6. Other Uses: 40." Under Column 8, Maximum Building Height, Number of Stories, add under a new subdistrict heading "R -2c": "3". Under Column 9, Maximum Building Height, Height in Feet, add under a new subdistrict heading "R -2c": "35 ". Under Column 10, Maximum Percent Lot Coverage By Buildings, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 35. 2. One - family detached dwelling, zero -lot line: 35. 3. One - family semi - detached dwelling: 40. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 40. 6. Other Uses: 35." N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under a new subdistrict heading "R -2c": "10". It I "l l 25 October 4, 1989 O. Under Column 12, Yard Dimensions, Side, One Side at Least, add under a new subdistrict heading "R -2c" as follows: "l. One - family detached dwelling: 10. 2. One- family detached dwelling, (40�_ zero lot line: 15. 3. One - family semi - detached dwelling, unattached sides only: 10. 4. One - family attached dwelling, unattached sides only: 10. 5. One - family attached dwelling, attached sides: 0. 6. Two - family dwelling: 5. 7. Other uses: 5." Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: (R -2b) R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): 5. Two - family dwelling: *10. �r 6. Other uses: 10." P. Under Column 13, Yard Dimensions, Side, Other Side at 0..i Least, add under a new subdistrict heading "R -2c" as follows: "l. One - family detached dwelling: 5. 2. One - family detached dwelling, zero -lot line: 0. 3. One - family detached dwelling, zero -lot line, on side abutting a non - zero -lot line building or lot: 10. (600" 4. One - family semi - detached dwelling, attached sides: 0. 5. One - family attached dwelling, attached sides: 0. 6. Two - family dwelling: 5. 7. Other uses: 5." Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: (R -2b) R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): 175 26 SECTION 5. EFFECTIVE DATE. October 4, 1989 This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth explained that when this issue was discussed at the committee meeting, there were different density square footages than are in the main motion. Deputy Planning Director Mazzarella prepared an "Alternate R -2c Development Densities" which was considered by the Charter and Ordinance Committee. Alderperson Booth said that he would like to move those alternate densities. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the "Alternate R -2c Development Densities ", considered by the Charter and Ordinance Committee, be adopted by the Common Council. Discussion followed on the Alternate R -2c Development Densities and Deputy Planning Director Mazzarella answered questions from Council members. ALTERNATE R -2c DEVELOPMENT DENSITIES CONSIDERED BY THE CHARTER AND ORDINANCE COMMITTEE TYPE OF DWELLING UNIT One - family detached dwelling One - family detached dwelling, zero -lot line One - family semi - detached dwelling One - family attached dwelling Two - family dwelling Other uses MINIMUM LOT SIZE, AREA IN SQ. FT. 3000 for first occupant plus 400 for each add'1 occupant. 3000 for first occupant for first occupant lot plus 400 for each add'1 occupant. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit plus 600 for each add'1 occupant in excess of five occupants. 2500 for first occupant in each dwelling unit plus 400 for each add'1 occupant in each dwelling unit. 4000. Further discussion followed on the floor. D 117 19 27 October 4, 1989 Alderperson Booth suggested that Item #3 which begins "In buildings in R -2c zones occupied as clubs," etc. be stricken from the document. He also withdrew the motion calling for the Public Hearing. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the amendment to Chapter 30, Entitled 'Zoning' of the City of Ithaca Municipal Code Pertaining to the Establishment of a New R -2c Zoning District be referred to the Planning and Development Committee for review and report back to Common Council. Carried Unanimously Alderperson Booth, due to the lateness of the meeting, withdrew his three reports under the Charter and Ordinance Committee. t' BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 GIAC Improvements - Hire Mediator By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Planning Department be authorized to enter 9 into an agreement with the Community Dispute Resolution Center, for the provision of mediation services in connection with the . °_ space needs dispute between the GIAC Board and the Drop -In Children's Center, at an amount not to exceed $1,000.00, and be it further RESOLVED, That the funding for this contract be advanced from the General Fund, pending the formal establishment of Capital Project for the final design and construction of GIAC renovations. Ayes (7) - Schlather, Killeen, Johnson, Cummings, Lytel, Peterson, Hoffman Nays (3) - Nichols, Booth, Romanowski Carried * 15.2 Authorize Mayor to Enter into an Agreement for Architectural Services in Connection with the Schematic Design of the GIAC Pool By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute an agreement with the selected architect, H.O.L.T. Associates, for the preparation of a Schematic Design of the GIAC Pool, at an amount not to exceed $9,780.00, and be it further RESOLVED, That the cost of this Schematic Design Phase be paid from Capital Project #217 for said GIAC Pool construction. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the amount of money for the Schematic Design of the GIAC pool be $11,880.00. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.3 Youth Bureau - Amend Youth Development Budget By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, we have received verbal confirmation from the New York Education Department for additional funding for the Youth at Risk and Community Partnership Program; now, therefore, be it RESOLVED, That the 1989 budget be amended by increasing appropriation line A7310 -110 Youth Bureau Personal Services, by $2,097.00, in order to expand an existing youth worker position to full time for the remainder of 1989, and be it further 180 October 14, 1989 RESOLVED, That said Youth Worker position be reclassified to the position of Youth Program Coordinator, subject to necessary approval by the Civil Service Commission, and be it further RESOLVED, That account A7310 -405 be increased by $2,000.00, for the upgrade of the existing Telephone System, for use in connection with this Grant Program, and be it further RESOLVED, That estimated revenue A3820 State Aid for Youth Programming be conversely increased by the total of $4,097.00, and that the implementation of expanded programs described herein be made subject to the receipt of written confirmation of the New York State Education Department. Carried Unanimously * 15.4 Youth Bureau - Amend GIAC Budget 1989 and 1990 By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, the Youth Bureau has received written confirmation from the Ithaca City School District of the approval of a grant for $11,600. to expand existing GIAC Youth Program Services; now, therefore, be it RESOLVED, That the 1989 Budget be amended by increasing appropriations, Line A7311 -120 GIAC Personal Services, by $2,958. and line A7311 -460 GIAC Program Supplies, by $750., for the operation of this Program for the balance of 1989, and be it further RESOLVED, That Estimated Revenue account A2350, Youth Services Other Governments, be conversely increased by 3,708. Carried Unanimously * 15.5 Request for Attorney's Fees - GIAC Director Arbitration By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $8,200. be transferred from account A1990, Unrestricted Contingency, to account A1420 -430, Fees for Professional Salaries, to pay the final bill for Legal Services in connection with the GIAC Director Arbitration Proceeding. Carried Unanimously * 15.6 Youth Bureau - Upgrade Art Program Supervisor Position and Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the present position held by Ruth Davis, of Art Program Supervisor, be and is hereby reclassified to the position of Recreation Supervisor, and be it further RESOLVED, That Ruth Davis be appointed to said position at an annual salary of $19,627, which is Step #3 on the CSEA Administrative Compensation Schedule, effective October 9, 1989. Carried Unanimously * 15.7 Finance Department - Approval of Mayor's Recommendation for Deputy City Clerk By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That Julie Boyle be appointed to the position of Deputy City Clerk, at an annual salary of $20,412., which is Step 4 of the CSEA Administrative Unit Compensation Plan, effective October 16, 1989. Carried Unanimously * 15.8 Personnel Assistant Position By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That Liza Patz be appointed to the position of Personnel Associate on a provisional basis, at an annual salary of $25,000., effective October 10, 1989. Carried Unanimously �'i 181 29 October �1,4, 1989 * 15.9 Police Department - Authorize New Telephone System By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, the Police Chief has recommended that the low bid submitted by All -Mode Communications, Inc. be accepted for replacement of the existing Police Department Telephone System, and WHEREAS, the base bid price of $27,262. exceeded available funds by $3,684.; now, therefore, be it RESOLVED, That the Police Department Authorized Equipment List be increased by $3,684., such funding to be provided by a transfer from A1990 Unrestricted Contingency, to A3120 -225 Other Equipment, of said amount, and be it further RESOLVED, That the Police Chief be authorized to enter into an agreement with All -Mode Communications, for equipment and �# installation thereof. Ayes (9) - Schlather, Booth, Killeen, Peterson, Cummings, Nichols, Johnson, Lytel, Hoffman Abstention (1) - Romanowski (conflict of interest) -a Carried (9 -0) * 15.10 Police Department - Authorization for Conversion of Fire Arms By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Department be authorized to change firearms from revolvers at present, to semi - automatic weapons. Alderperson Schlather gave background information on the (Wo", resolution. Ayes (8) - Romanowski, Killeen, Schlather, Lytel, Cummings, Booth, Nichols, Johnson Nays (2) - Peterson, Hoffman Carried * 15.11 Police Department - Authorization to Siqn Court Securitv Contract By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Chief be authorized to execute an agreement with the New York State Unified Court System, for the provision of Court Security Services, subject to review and approval of related contract terms and conditions by the City Attorney. Carried Unanimously * 15.12 Planning Department - Revision of Contract Approval Policy By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the City Policy for approval and execution of City Contracts for Personal Services be established as follows: A. Contracts for amounts less than $500., when prepared on a boiler plate form contract developed by the City (6woo� Attorney, shall require approval of signature of both the Department Head giving rise thereto, and of the City Controller for availability of funds. Any deviation from the approved form would require further review and approval by the City Attorney. B. Contracts of $500. or more but less than $2,000., shall require all the approvals disclosed in A. above, plus the approval of the City Attorney in all instances. C. Contracts in the amount of $2000. or more shall require all approvals presented heretofore in clauses A and B above, plus the approval of the Mayor and the Chairperson of the Budget and Administration Committee. -1 8 6" 9M October A-4, 1989 D. All contracts approved by the process presented herein shall as a matter of practice, be published on a monthly basis by the City Controller. The detailed listing shall include date of the Contract, the Amount, the Vendor, the City Department affected, and a brief description of the purpose of said Contract. Carried Unanimously * 15.13 Bond Resolution - Fire Vehicles By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a Bond Resolution authorizing the issuance of $880,000 in Serials Bonds for the purchase of Fire - fighting Vehicles be, and is hereby approved. BOND RESOLUTION DATED OCTOBER 4, 1989 A RESOLUTION AUTHORIZING THE ISSUANCE OF $880,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF FIRE - FIGHTING VEHICLES FOR SAID CITY. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the purchase of fire - fighting vehicles, including apparatus to be used in connection therewith, there are hereby authorized to be issued $880,000 serial bonds of the City of Ithaca, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $880,000 and that the plan for the financing thereof is by the issuance of the $880,000 serial bonds of said City authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; provided, however, that the maximum maturity of the serial bonds herein authorized shall not exceed ten years, and that, pursuant to Section 107.00(d) (4) of the Local Finance Law, no down payment is required in connection herewith. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such a manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. I S 31 October *4, 1989 Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said City is not authorized to expend 3. Such obligations are authorized in violation of the 1sd provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local �xy Finance Law. Alderperson Schlather gave background information on the Bond Resolution. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye money, or (400e Aye - Cummings (4wool 2. The provisions of law which should be complied with at - Killeen the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the 1sd provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local �xy Finance Law. Alderperson Schlather gave background information on the Bond Resolution. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski (400e Aye - Cummings Aye - Booth Aye - Killeen Aye - Johnson Ayes (10) Aye - Schlather Aye - Lytel Aye - Nichols Aye - Peterson Aye - Hoffman Carried Unanimously * 15.14 DPW - Increase Capital Project #211 By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Department of Public Works has established a program for the upgrade of its Computer System, and WHEREAS, the first phase of said program exceeds the amount previously established for this purpose in Capital Project #211 Computer Acquisition, by $9,000.; now, therefore, be it RESOLVED, That Capital Project #211, Computer Acquisition, be increased by $9,000, and be it further RESOLVED, That the purchase of such equipment be financed by the issuance of Bond Anticipation Notes. Carried Unanimously * 15.15 DPW - Authorize Release of Restricted Contingency Funds (4000" for Stewart Park By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That $40,000 be transferred from Account A1990, Restricted Contingency, to Account A7112 -435, Stewart Park Contractual Services, in the amount of $12,236 and to A7112 -483, Stewart Park Construction Supplies, in the amount of $27,764, in order to complete various Stewart Park Renovation Projects. Discussion followed on the floor on the improvements that are to be done. These include the bathrooms, roof on the boat house, asbestos removal, and sodding over the gabions. A vote on the resolution resulted as follows: Carried Unanimously 184 32 October V, 1989 * 15.16 DPW - Authorize Release of Restricted Contingency Funds for Youth Bureau Buildinq By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That $13,000 be transferred from Account A1990, Restricted Contingency, to Account A1623 -435, Youth Bureau Facility Contractual Services, in the amount of $3,000. and to Account A1623 -483, Youth Bureau Facility Construction Supplies, in the amount of $10,000., in order to perform acoustical ceiling improvements within said facility. Carried Unanimously * 15.17 DPW - Acquisition of Electronic Surveying Equipment from Various Capital Projects By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Engineering Department has determined that the acquisition of electronic and laser surveying equipment will improve efficiency significantly, and reduce staffing requirements in the performance of said duties; now, therefore, be it RESOLVED, electronic further RESOLVED, follows: That $20,000 be authorized for the acquisition of and laser surveying and related equipment, and be it That the funding of such purchase be A. Capital Project #225 Hudson St. Recon. B. Capital Project #223 Elm St. Recon. C. Capital Project #211 Computer Acquisition D. Transfer from Account A1990, Restricted Contingency for the Southwest Drainage Study to Account A1440 -225, Other Equipment, including authority to amend the Authorized Equipment List by such partial purchase Total financed as $3,000 3,000 4,000 10,000 $20,000 Carried Unanimously * 15.18 Finance Department - Authorization for Budget Transfers By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the City Controller be empowered to makes transfers within the 1989 Budget Appropriations as needed, for the remainder of the 1989 fiscal year. Carried Unanimously * 15.19 Finance Department - Authorization for Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Romanowski. WHEREAS, City Controller Dominick Cafferillo has been assigned to serve as Acting Purchasing Agent and has been directed to perform the full duties of the Purchasing Agent during the search for a new Purchasing Agent, and WHEREAS, while Etta Gray will not be expected to perform additional duties beyond her regular job assignment, her daily workload may increase due to the physical absence of the Purchasing Agent from the department; now, therefore, be it RESOLVED, That Etta Gray shall receive a temporary 10% salary increase (from $17,635 to $19,399) in recognition of the increased volume of her work, effective September 15, 1989 and continuing until a new Purchasing Agent is appointed. Carried Unanimously R5 33 October 14, 1989 * 15.20 Authorize Mayor to Sign Agreement for 1990 Cultural Services By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the City act as the sponsoring agency for a New York State Council of the Arts Decentralization Grant, which Grant will be used to improve the quality of existing programming of the Tompkins County Country Dances Organization. Carried Unanimously * 15.21 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That bills presented, as listed on Audit Abstract #18/1989, in the total amount of $33,340.08, be approved for payment. Carried Unanimously V * 15.22 A Local Law Amending Ithaca City Charter, Article IV Entitled 'Taxation and Assessment', Section 4.6 Thereof Entitled 'Purchase by City' - Lift from Table .? By Alderperson Schlather: Seconded by Alderperson Hoffman s r' LOCAL LAW NO. OF THE YEAR 1989 lz= A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED 'PURCHASE BY CITY' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF Section 4.6 (E) of Article IV of the Ithaca City Charter is hereby amended to read as follows: E. Purchase by City If there is no other bidder for any parcel of land duly advertised and offered for sale pursuant to this Section, it shall be lawful for, and the City of Ithaca, by the City Chamberlain or one of the Chamberlain's deputies, may bid in said parcel of land for the City of Ithaca pursuant to the same rules and regulations as to docketing, redemption and tax deed as herein provided. Notwithstanding the above the Common Council may by resolution authorize and direct the City Chamberlain, on behalf of the City of Ithaca, to purchase lands at the tax sale, without competitive bidding, for the gross amount due. SECTION 2. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously HUMAN SERVICES COMMITTEE: * 16.1 GIAC Renovations By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the Common Council performed a study of space allocation at GIAC and established a capital project to renovate the GIAC building in part because the Drop -In Children's Center (DICC) was seeking to become a fully licensed, full time operation, and WHEREAS, in August 1988 the DICC and GIAC signed a memorandum "to establish a partnership arrangement between the two parties for the provision of day care services," and WHEREAS, following the original architect's report the Acting Director of GIAC conducted a more detailed analysis of the space needs of its programs, and Is(,) 34 October 14, 1989 WHEREAS, as a result of the more detailed evaluation the GIAC Board has expressed concern about the ability of GIAC to continue to serve its current programs as well as expand into new areas as new needs develop, and WHEREAS, the Common Council concurs with the GIAC board that the GIAC building is in need of extensive general repairs and renovations and that a further study is needed, and WHEREAS, that without professional expertise the City finds itself unable to concur that the addition of an expanded day care operation would harm GIAC programs; now, therefore, be it RESOLVED, That the City wishes to continue to pursue the possibility of an expanded day -care operation at GIAC if it can be done without compromising GIAC's programs, and be it further RESOLVED, That the City requests the Community Dispute Resolution a more productive relationship, this purpose, and be it further that both organizations accept Center's (CDRC) aid in building and that $1000 be allocated for RESOLVED, That the Client Committee already established to work on the pool renovations be amended to include a representative from the DICC, but that when meeting on GIAC building renovations the representatives of the Cass Park Pool and Ithaca City School District not be included, and be it further RESOLVED, That the GIAC Renovations Client Committee and the Department of Planning and Development initiate the architect selection process for the building renovations, and be it further RESOLVED, That the architect be directed to review the program needs of both GIAC and DICC and with the aid of the mediator to help both sides determine if they can co -exist in the building, and be it further RESOLVED, That the City requests that the Ithaca City School Board make the Central School Building available for GIAC programs after school hours and during the summertime, and that this be pursued regardless of whether or not it is possible to accommodate an expanded day care operation at GIAC. Alderperson Peterson gave background information on the resolution and discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Romanowski, Cummings, Peterson, Hoffman, Killeen Nays (2) - Booth, Nichols Carried Johnson, Lytel, Motion to Extend Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council meeting be extended until 12:45 a.m. Carried Unanimously Handicapped Access - Report Alderperson Peterson reported that the Human Services Committee is working on the handicapped access issue. Meeting Date for Reproductive Choice - Report Alderperson Peterson reported that the meeting date for reproductive choice testimony has been set for October 30th. There will be more information forthcoming on this issue at a later time. Irn I.y .ti 35 L COMMI October �4, 1989 Senior Citizens Council Alderperson Killeen reported that in anticipation of changing leadership in Ithaca City government, the Board of Directors of the Senior Citizens Council at their September 21, 1989 meeting requested that the City of Ithaca continue their good faith efforts to help establish a new Senior Center, which as a first priority, is to be located within the City of Ithaca. Alderperson Killeen presented to Council demographic information indicating the number of senior citizens residing in the City and in the County, based upon registered voter data. Resolution to Common Council from the Conservation Advisory Council Regarding Transfer of Festival Lands to State Alderperson Johnson stated that he is going to take this resolution back to the CAC in light of the proposal that was made tonight by the Planning and Development Committee. Rental Housing Task Force Alderperson Killeen read the following report to Council: "Cornell today (10/4/89) briefed local officials and made public their extensive, year -long CRESAP Housing Study. The document indicates that Cornell has 6,900 beds occupied preponderantly by first and second year students. Only 12% of Cornell's beds are in Collegetown which students indicate is their preferred area of residence. The Study recommends Cornell add 1,600 new beds over the next 8 years at a cost of $68 million. As Cornell assesses this Study, a series of collaborative planning sessions with local officials are anticipated prior to a scheduled January 1990 report, possibly including action recommendations, to Cornell's Board of Trustees. Copies of the CRESAP Study will be made available to Common Council by the Planning and Development Director." UNFINISHED AND MISCELLANEOUS BUSINESS: Post Office Meeting Alderperson Lytel asked that Council set a date to meet with the postal official in regards to the re- location of the Ithaca Post Office workers. Three dates were suggested - October 16, 17 or 18th. Alderperson Lytel will contact the Postmaster and try to set up a date with him. EXECUTIVE SESSION: By Alderperson Cummings: seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss land acquisition. Carried Unanimously ADJOURNMENT: Common Council came out of Executive Session and on a motion the meeting adjourned at 12:45 a.m. Callista F. Paolangel City Clerk � rs'i